Spreading the news that e-filing is coming might not have quite the same importance as the message delivered by Paul Revere and his fellow riders in 1775 – but e-filing is still worth noting. I attended the Maine State Bar Association winter meeting in January, which gave Maine practitioners a sneak preview of the state courts’ new e-filing system, File & Serve. It was an interesting and informative session.
The tentative plan, as attendees were informed, is to begin the process of rolling out e-filing at the end of this year. As many already know, e-filing is likely to be introduced first for Penobscot and Piscataquis Counties. But, of importance for appellate practitioners, it sounds like the court is also considering including not only the Business Court but also the Law Court in the initial implementation.
We are still waiting to see all of the rules surrounding e-filing, but the system that was previewed at the winter meeting appears to be user-friendly and promises to significantly streamline the process for filing with the Law Court. And, happily, filings will be easily available online (without cost). Also of note, the e-filing system includes a search tool, re:Search, that will make it easy to find previous filings – including Law Court briefs.
These tools will be very helpful for the appellate practitioner. But, it also means that appellate practitioners (as well as any other lawyer), will need to pay attention to the new filing system. As we were reminded, Rule 5.3 of the Maine Rules of Professional Responsibility obligates lawyers to supervise their assistants and ensure compliance with all filing requirements.
Law firms harbor information directly linked to politics, public figures, intellectual property, and sensitive personal information. Because lawyers rely on email to manage cases and interact with clients, hackers exploit technical vulnerabilities and people via email. After cybercriminals infiltrate a law firm’s systems in a successful phishing or malware attack, they leverage breached information for financial gain.
Starting with email, law firms must control the availability, confidentiality, and integrity of data. Or they will suffer breaches that bring increased insurance premiums, loss of intellectual property, lost contract revenue, and reputational damage.
Law firms aren’t securing their cloud technology
As lawyers adapt with best practices in technology, they’re moving client data and confidential documents from on-premise to cloud-hosted databases. 58% of firms use cloud technology to manage their clients and run their firms, according to the 2019 Legal Technology Survey Report on Cybersecurity and Cloud Computing from The American Bar Association’s Legal Technology Resource Center.
Migrating data to the cloud is a good thing, despite concerns about its availability. Data is more secure when stored in a system with modern infrastructure and security protocols, instead of stored locally on an outdated system no longer supported by vendors — such as a desktop device still running Windows 7 software, rather than Windows 10.
Even though the cloud is safe, law firms inevitably fall victim to cloud-based cyberattacks like phishing and malware.
26% of lawyers reported a security breach at their firm. TECHREPORT’s other findings explain why the breach rate is so high:
Fewer than half (41%) of all respondents changed their security practices after migrating to the cloud.
Only 35% of lawyers adopt more than one standard security measure — like encryption, anti-malware, anti-phishing, and network security.
14% of respondents using cloud-based technology to manage their firm do not have any preventative security measures in place.
Lawyers know data breaches create downtime, loss of billable hours, and reputational harm. But they’re less aware of how to prevent those outcomes.
Phishing explained
Phishing happens via email, when hackers impersonate trusted senders to trick recipients into divulging sensitive or confidential information. Most often, phishers trick victims to click a malicious URL and interact with spoofed login pages. Microsoft is the most spoofed brand in the world, because it is the hub for organizations to collaborate and exchange information. If a lawyer enters their Office 365 credentials onto a spoofed login page, the username and password go directly to the hacker’s server.
Successful credential-harvesting phishing attacks allow hackers to access data-dense services like Office 365, online banking, and practice management software. Stolen credentials lead to account takeover scenarios that result in further exploits, including network infiltration, database infiltration, and data exfiltration.
3 common characteristics of phishing attacks
Subject lines that appear highly urgent
Many subject lines in phishing emails are in all-caps to pressure the recipient. Beware of subject lines that say “URGENT” or “Are you available?” An infographic from cybersecurity firm KnowBe4 reveals the top phishing email subject lines from 2019.
Spelling errors, grammar errors, and awkward language
Hackers need to deceive language parsing technology like Optical Character Recognition (OCR) that identifies suspicious content and blocks the message. To bypass anti-phishing algorithms, they’ll intentionally misspell words, use special characters that look like letters, and replace letters with lookalike numbers. Phishing URLs are often misspelled, or the domain name does not match the content of the page. Carefully read every URL to see if the words and letters match the content of the page.
Unexpected or unusual requests for documents or money.
Phishers can spoof the sender name and domain of trusted contacts’ email addresses to lull recipients into a false sense of trust and compliance. Requests for sensitive information (bank routing numbers, trust account numbers, login credentials, document access, etc.) should be confirmed over the phone or any other communication channel besides that same email thread.
6 ways to prevent phishing at your law firm
Check if email addresses associated with the firm were involved in high-profile breaches
Have I Been Pwned is a website that identifies compromised email addresses and passwords across online services that have been breached so that victims can change their password and prevent account access. Set up alerts through the website to monitor any future breaches.
The best passwords don’t need to be memorized. 25% of people reuse the same password for everything, according to OpenVPN. Password manager services like 1Password (paid) and LastPass (free) use browser plug-ins and mobile applications to create, remember, and autofill complex, randomly-generated passwords. They identify weak or reused passwords across websites, and run a program to simultaneously rewrite and save new passwords on those sites.
Make Multi-Factor authentication (MFA) mandatory at the firm
Multi-factor authentication, a secure login method using two or more pieces of confirmation, adds another step to the login process to prevent account takeover and the breach of confidential data. When username and password credentials are submitted to the login page, MFA generates and sends a unique alphanumeric code to the account holder’s email or phone for use as a secondary password. Unless this code is submitted on the follow-up login screen in a timely manner, it will expire.
Because email accounts and cell phone numbers are publicly available and can be compromised, use app-based and hardware-based MFA instead.
Solo and small/medium firms should use the Google Authenticator app, which continuously creates dynamic codes that swap out every 30 seconds and are unique to the device on which the app was installed.
Larger firms should adopt physical MFA. These “keys” plug into your laptop, tablet, or mobile device ports to authenticate access to software — and even the device itself. Because the keys are unique, hackers can’t access accounts supported by hardware MFA keys like Yubico’s YubiKey, which is used by every Google employee. If the key is lost, account access can be gained through backup codes or MFA codes delivered via email, mobile, or authentication apps.
Participate in phishing awareness training programs
These software programs regularly educate and train employees on the characteristics of spam, phishing, malware, ransomware, and social engineering attack methods. Microsoft’s Attack Simulator and KnowBe4 offer free programs that train users not to interact with phishing attempts and give visibility into how well they’re trained, based on their click rate during the attack simulations. The 2019 Verizon Data Breach Investigation Report found that lawyers and other professional service workers were the third most likely group to click on phishing emails.
Connecting to public WiFi in a cafe, airport, or hotel is dangerous. Malicious worms can transfer from one device to another if they are connected on the same network. When traveling, use a virtual private network (VPN) to extend a remote private network across the public network and secure the WiFi connection.
Report suspicious emails
Popular email clients like Office 365 and Google Gmail offer suspicious message reporting. Use this built-in tool to improve their anti-phishing algorithm. If applicable, contact the IT team or cybersecurity staff at the firm so they can update security configurations in the email client or third-party security tool they may use.
What is malware?
Malware is any malicious file that launches scripts to hijack a device, steal confidential data, or launch a Distributed Denial of Service (DDoS) attack. Most malware is delivered via email. The 2019 Verizon Data Breach Investigation Report found that 51% of phishing attacks involve malware injections into a network. These malicious scripts are usually injected via spoofed DocuSign and Adobe attachments, or fraudulent billing and invoicing documents.
Ransomware is a subset of malware that hackers use to hold information or access hostage until a ransom is paid. Ransomware exploits frequently involve blackmailing tactics, and “sextortion” phishing emails (in which hackers purport to have footage of the victim watching pornography) are gaining popularity.
The 2019 ABA TECHREPORT noted that 36% of firms have had systems infected, and about a quarter (26%) of firms were unaware if they’ve been infected by malware. Larger firms, which tend to use on-premise software because of the up-front work associated with cloud migration, are the least likely to know if they’ve suffered a malware attack.
3 ways to prevent malware
Monitor and update outdated software and hardware
Application updates are necessary and should not be treated as optional. These software upgrades implement essential security features to ward off new strains of attacks. Not updating software and hardware provides short term savings, but will be very costly in the long run.
Be aware that:
Windows 7 is no longer supported since January 2020.
MS Office 2010 will no longer be supported as of October 2020.
Support for Adobe Acrobat X Reader/Standard/Pro, Adobe Acrobat XI, and Reader XI has ended. 88% of attorneys continue to use these highly-vulnerable Adobe programs, according to the 2019 ABA TECHREPORT.
Monitor email for links and executables (including macro-enabled Office docs)
Executable files automatically launch actions, based on the code in the file. Apply software restrictions on your device to prevent executable files from starting up without your consent. Microsoft found that 98% of Office-targeted threats use macros. In 2016, Microsoft pushed a macro-blocking feature in Word to prevent malware infection.
Hire a Managed Service Provider (MSP) for cybersecurity
MSPs offer an affordable portfolio of solutions to manage cyber risk across firm operations.
The solution: control the login process and data access in cloud-based apps
Lawyers are obligated to protect sensitive client information from phishing, malware, and ransomware. As breaches continue to make headlines, clients are selecting firms based on their data security. Law firms educated on confidentiality, security, and data control will be able to reassure security-conscious clients.
Cloud security — especially in email and document storage — relies on identity and access management. Establish a secure login process, govern user privileges in applications, and ensure that everyone at the firm can spot suspicious emails and attachments.
Choose cloud providers with a reputation for secure software and identify third-party security vendors for anti-phishing, anti-malware, and MFA.
Law firms and the businesses that surround them have hit the ground running in 2020, with tons of announcements, big moves by law firms and innovation across the entire field. Read on for a small taste of some of the exciting developments in the legal industry.
Hiring and Law Firm Moves
Patent preparation and prosecution law firm, Harrity & Harrity, LLP recently announced the firm had added four new patent attorneys: Joseph Lentivech, Patrick Hansen, McCord Rayburn, and Bret Tingey; as well as two new law clerks: Sara Ko and Abigail Troy.
Joseph Lentivech is based in Mobile, Alabama, and returns to Harrity & Harrity to practice after his service as an Administrative Patent Judge at the United States Patent Trademark Office (USPTO). His practice focuses on the prosecution of patent applications in electrical and computer technologies, encompassing telecommunications and computer hardware and software. Patrick Hansen will be based in the Raleigh office, and has experience representing petitioners and patent owners in post-grant proceedings, with specialization in patent applications for electrical, computer and mechanical technologies. McCord Rayburn has international patent experience, coordinating inbound national state patent application filings for foreign corporations, and he will work out of the law firm’s Charlotte office. Bret Tingey focuses on patent preparation and prosecution in mechanical and electrical technology, with extensive experience writing memos and briefs in IP litigation–including some submitted to the US Supreme Court–and he will be based in Raleigh. Law Clerks Sora Ko and Abigail Troy both have experience in patent preparation and prosecution before the USPTO and will work out of Harrity & Harrity’s DC office.
Paul Harritiy, a partner in the firm, called the group “superstars” and says, “we are excited for this group to join our team and assist the firm in continuing to provide excellent customer service to our Patent 300 clients.”
Lipson Neilson started off 2020 by announcing it has added nationally-recognized Surety & Fidelity Law attorneys Phillip G. Alber, Jeffrey M. Frank, Omar J. Harb, and Jessica L. Wynn, all four previously with Alber Frank PC law firm. Alber will head up a new Lipson Neilson office in Grosse Pointe, Michigan, and Frank, Harb and Wynn will be based in the firm’s Bloomfield Hills, Michigan office.
Jeffrey Neilson, a co-founder of the firm, says, “They’re a tremendous and immediate asset to our firm in the area of Surety & Fidelity Law and bring significant expertise in other areas of law and litigation as well. I think their decision to move to Lipson Neilson is a good indication of our reputation, our work and our culture.”
In a move that will strengthen the firm’s healthcare and corporate practices, Manatt announced that Paul A. Carr-Rollitt has joined as a healthcare partner in the Los Angeles office. Carr-Rollitt focuses his practice on corporate healthcare concerns, and his healthcare transaction experience includes mergers and acquisitions, joint ventures, reorganizations, affiliations, public offerings, and private equity transactions. His practice includes advising non-traditional and traditional health care entities, and his advice is legal, business-oriented, and incorporates strategy as well as policy concerns. Bill Bernstein, the leader of Manatt Health, calls Carr-Rollitt a “perfect fit” with Manatt’s growing practice. Bernstein says,“He brings with him an excellent roster of clients and has a national healthcare practice, which encompasses both payers and providers.”
On his end, Carr-Rollitt says Manatt’s blending of strategy with legal advice is an approach he’s always appreciated. “I am excited to be part of a firm that has a strong understanding of and commitment to the future of the healthcare industry and to work with some of the most forward-thinking professionals from coast to coast,” he says.
Last week, Katten announced that Mitchel C. Pahl has joined its Employee Benefits and Executive Compensation practice as a partner in the New York office. Pahl’s practice concentrates on employee benefits and executive compensation in private and public company M&A’s. He has also been involved in high-profile corporate transactions in a variety of industries including real estate, health care, and financial services. Additionally, he has advised clients on the operation and design of qualified retirement plans, equity incentive plans, and other compensation arrangements, as well as on negotiating executive employment agreements and separation packages.
Kate Ulrich Saracene, Katten partner and leader of the firm’s Employee Benefits and Executive Compensation practice, praises Pahl’s decades of experience across complex transactions. “Mitch also brings new capabilities to Katten with his focus on qualified retirement plans, benefit plans for non-profits and experience working with ESOPs,” says Saracene. “With the addition of Mitch, we’ve achieved our goal of building a full-service employee benefits and executive compensation practice, able to advise any type of client on any type of plan or transaction.”
Cornerstone Research started off 2020 by naming Dr. Yesim C. Richardson as President. In a departure for the organization, Richardson will share leadership with CEO Rahul Guha, who also took on his role on January 1, 2020. The duo succeeds Michael E. Burton, who had served in both roles since July of 2014.
Yesim Richardson
After a period of succession planning, the organization decided it made the most sense to divide the responsibilities of the CEO and President, and have two individuals fill those roles instead of combining them. “At this stage in our history,” says Dr. Guha, “we believe splitting the CEO and president responsibilities ensures the most effective leadership structure for our future.” Prior to her appointment as President, Dr. Richardson served on Cornerstone Research’s board of directors, and has been active on firm governance committees. In her new role as president, she will focus on talent strategies and service delivery, and continue to consult and support Cornerstone Research experts on litigation matters and other consulting questions. “Cornerstone Research has always lived its values . . .we have been guided by our commitment to deliver top-quality work to our clients, provide exceptional support to our experts, and develop pathways to leadership for our outstanding staff,” says Richardson. “We have enhanced the way we run the firm to support this commitment even more fully. I am proud and grateful to partner with Rahul as we look ahead to the continued growth and success of this extraordinary company.”
Porter Wright announced last week that Deb Boiarsky was promoted into the firm’s Chief Operating Partner position. This development comes after the firm has grown, with two new offices and a 30-percent partner increase across the firm. Boiarsky focuses her practice on employee benefits–specifically ERISA and IRS compliance–but in her role as the Chief Operating Partner, she will work with firm leadership to oversee day to day operations at the firm with an eye towards strategy and securing firm growth and development. Bob Tannous, managing partner of Porter Wright and the former Chief Operating Partner, indicates that a business mentality is key to success in this role. “Deb is known for being measured and considerate,” he points out, “and for fostering strong relationships in and outside of the firm.”
Law Firm Innovation and Developments
Kluk Farber, a female-founded law firm in New York and Los Angeles, has partnered with Vivvi Early Learning, a provider of employer-sponsored on and near-site child care, to provide children aged six weeks to five years access to near-site back-up care. Vivvi has worked in a variety of industries with employers to provide childcare for employees, including hospitality, media, and advertising. Partnering with companies who understand childcare is a major pain point for their employees, and their solution can increase employee morale while lowering turnover and absenteeism.
Kluk Farber, already a progressive leader in the legal industry for providing flex-time and supporting work-life balance, entered into this partnership acknowledging that the way child care is traditionally set up is not ideal for working families. “Being a female in law is not an easy feat to begin with, but having a family and achieving work-life integration? That’s nearly impossible,” she says. “We learned of Vivvi’s transformational work through the NYC female founder community, and knew instantly that it was a resource we needed to integrate immediately.”
Norton Rose Fulbright advised on the development and implementation of the world’s first consumer-ready digital fiat currency, assisting NZIA Limited to create the currency for the Central Bank of the Bahamas. The currency, known as “Sand Dollars” is a central bank digital currency_or CBDC–and is part of Project Sand Dollar. Sand Dollars will be issued by the state’s central bank, and are the same as legal tender, backed by the government and used by the public. The currency went live in digital wallets in December of 2019 and was used locally immediately after, as local businesses were onboarded through banks and other financial institutions. Now, the sand dollars are basically, legally, the same as cash.
The Bahamas was one of the first areas to develop a CBDC, and the island nation will benefit in a variety of ways; including inclusion in the financial system of unbanked and improved expenditure and tax systems. Norton Rose Fulbright Vancouver-based partner, John Kim, commented: “The innovative nature of Project Sand Dollar required us to provide equally innovative solutions to our client. Our input resulted in a system that would not only meet the requirements of current financial and regulatory regimes but actually leverage them to provide a CBDC solution that enables people to conduct more secure and instant transactions.”
Paige Justus
Fortis Law Partners will now offer legal guidance on estate planning practice, assisting clients with asset-protection strategies, gift planning, and tax reduction. Paige K. Justus, a senior corporate associate with the firm, will head the practice, which will also assist clients with wealth protection strategies, wills, living trusts, powers of attorney, guardian designations for minor children and healthcare declarations. Along with individual estate planning strategies, the estate planning practice group will work with nonprofits desirous of obtaining tax-exempt status assistance.
Legal Technology and Industry Developments
Embroker, Inc, a digital insurance company, announced the Lawyers’ Professional Liability platform, ideal for both large and small law practices. This platform allows law firms across a variety of sizes to secure and enroll in legal malpractice insurance quickly, efficiently and affordably.
Embroker CEO Matt Miller says the new Embroker platform can leverage technology to improve a traditionally onerous process. “They [attorneys] only have to spend a few minutes on each year and receive a quote from an A+ rated insurance provider,” Miller says. “By leveraging Embroker technology, our overhead is less intensive than the traditional decades-old model, and we are also able to provide lower rates that are going to be very attractive.”
Embroker will target law firms with 1-10 attorneys nationally, as these are traditionally most impacted by the onerous process of purchasing malpractice insurance without large staffs. The platform is currently available in 31 states, with approval pending in other states as the product is offered nationwide.
Lex Mundi recently released its Global M&A Trends Report, featuring insights from almost 70 Lex Mundi member firms from all over the world. Each of these firms shared insights on mergers and acquisitions within their purview, focusing on key concerns facing M&A practitioners, deal activity by segment, and 2020 predictions. The report indicated that due diligence and deal structure rank highly, with 18% and 14% of member firms respectively ranking those issues as major areas of concern. Matters of cybersecurity and data privacy are spurring concerns in due diligence, as buyer companies are working to mitigate risk across cyber, anti-corruption, and data privacy.
Despite global disruptions such as trade wars, Brexit, and economic instability, the majority of Lex Mundi Member firms (as much as 60%) indicated they expected M&A activity to remain the same in 2020; with the top industries such as energy and power, financial services, manufacturing, technology, healthcare, and life sciences seeing heavy activity.
Last week Jennifer Schaller moderated a panel at the 27th Annual Marketing Partner Forum in Miami, Florida on Client Journey Mapping for Law Firms. In conjunction with the discussion on Client Journey Mapping, the National Law Review is conducting a survey on elements of client journey mapping, and we will be analyzing and writing up the results. The survey is still open, so please consider taking a few minutes to add your insights. All responses are completely confidential.
That’s it for now. More to come as 2020 progresses!
The new year is here, and if you’re like most solo or small law firm owners, you have big goals for this coming year. As the field of law becomes increasingly competitive, it becomes more and more important to have a crystal-clear digital marketing plan that helps you reach new leads, reconnect with potential clients, and solidify your brand.
1. Develop Your Content Marketing Strategy
The phrase “content is king” is often heard in marketing circles, and the legal industry is proof that this adage is still true. Regularly producing high-quality content helps your brand grow in multiple ways. First, you can target keywords that potential clients are searching for when looking for a lawyer. Second, your trustworthy content helps you strengthen your brand and your reputation. Finally, shareable content can also play a big role in your social media marketing plans. Focus on topics that are interesting to laypeople and use conversational language in lieu of legal jargon.
2. Expand Your Social Media Presence
Regardless of the age, gender, and socioeconomic status of your target market, it’s highly likely that they’re active on multiple social media platforms. Use your time wisely by researching the platforms your audience is using and focusing your efforts, rather than trying to be active on as many platforms as possible.
3. Make Sure You’re Considering Your Mobile Users
Per CNBC, nearly three-quarters of Internet users are expected to access the Internet solely via smartphone by 2025. Law firms with outdated websites that are not optimized for mobile devices are at risk of losing potential clients to firms with fast-loading, mobile-friendly websites. Your website should make it easy for clients to find the information they’re searching for, learn more about your firm, and contact you directly.
4. Bring in Gated Content
Gated content, also known as “freemium” content, is provided free to your visitors—in exchange for signing up to your e-mail list. This is an extremely effective technique for law firms in various specialties, so if you’re not using it already, make it a priority in 2020. Many law firms offer access to a free guide in exchange for a visitor’s email address. For example, a family law attorney might write a short guide on “7 Steps to Divorcing an Adversarial Spouse” or a bankruptcy lawyer might write “5 Ways to Repair Your Credit After Bankruptcy.” This ties directly into the fifth tip on this list.
5. Tap Into E-Mail Leads
An e-mail list is still one of the most valuable things you can have as a solo attorney or small law firm. It helps you stay in touch with potential clients who may not be ready to take the plunge when they first come across your website. By building a relationship with your e-mail list through regular updates and valuable information, you can be at the forefront of their thoughts when they are ready to take that leap.
Digital marketing is key to the growth of your law firm. A solid plan for 2020 can get you on the right track.
Technology has changed all of our day-to-day lives. It also has impacted how lawyers practice. While having the internet at our fingertips is a convenience for most of us, it can cause headaches for judges and lawyers when jurors use the internet during trial to post or search online about the case. This means that lawyers must be more tech-competent than ever before. Here are two ways that technology has changed how lawyers practice:
Litigants Face the Challenge of Jurors’ Social Media and Internet Use
Imagine years of preparation, costly investigations, and hundreds or thousands of hours of work by attorneys and clients being shattered in a moment by a juror’s single click on his or her phone, tablet, or computer. Whether by posting 280 characters on Twitter discussing deliberations or punching a few words into Google to search for more information on a legal concept or a fact central to a case, jurors have the power to radically disrupt the judicial process at their fingertips.
Judges often employ explicit instructions and the threat of contempt to dissuade jurors from googling the parties or trial lawyers, conducting independent research online, or posting about the trial or their deliberations on social media. Many then hold jurors in contempt when they deliberately disobey instructions. Judges have fined jurors anywhere from $500 to $1,200 for their online activity that disrupts a trial or verdict, and some states have flirted with legislation to increase penalties. In the United Kingdom, judges may jail jurors based on their internet use, in one case for two months when a juror googled additional information about the victims in a fraud case and shared it with fellow jurors.
Because more than 80 percent of Americans own smart phones and the average American spends at least 3 hours a day online, it is a tall order to prevent jurors from googling or tweeting. As a result, attorneys should vigorously monitor jurors’ social media from voir dire through the final verdict. As noted below, it even may be part of attorneys’ professional duty of competence to ensure that they are keeping a close eye on jurors’ Twitter feeds.
Attorneys Must Be More Tech-Competent Than Before
Lawyers also must keep up with other technological changes that impact the practice of law.
Under the Model Rules of Professional Conduct promulgated by the American Bar Association (ABA), a version of which has been adopted in 49 states, lawyers have a duty to provide competent representation to their clients and to maintain the knowledge and skills that their practice requires. In 2012, the ABA took the significant step of formally updating the rule to clarify that lawyers also have a duty to be competent in technology.
The new comment to the rules states that, “to maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” Since that change, 37 states have adopted the ABA’s Duty of Technology Competence as part of their version of the Rules of Professional Conduct, including Illinois, Michigan, New York, and Texas.
While the duty is clear, it’s not clear just what technology the rule refers to. While most agree that the duty includes basic competence in everyday technologies like e-mail and Microsoft Office, it has been left to individual jurisdictions and professional organizations to provide further guidance.
For example, the New York City Bar Association has suggested that attorneys have an affirmative duty to research potential jurors’ public social media information (see New York City Bar Association Formal Opinion 2012-02). While the research can help identify biases harmful to a client’s interests, lawyers must carefully avoid any direct contact with potential jurors online (via message or friend request) lest they violate other ethical rules. Juror consulting firms have stepped in with advanced tools to search and compile potential juror’s publicly available posts. But the onus is ultimately on the lawyer to ensure they are protecting their client’s interests by doing all they can to identify biased jurors.
Further, the duty of technology competence may affect an attorney’s obligation to protect clients’ confidential information from cybersecurity risk and to use appropriate electronic discovery practices and technology. These duties were at the center of a recent data breach, where lawyers disclosed confidential customer information in an e-discovery production because the lawyer did not understand the review process or the scope of the third-party vendor’s work. Further, in California, a state that has not adopted the ABA’s Duty of Technology Competence, the state bar has issued an ethics opinion stating that an attorney’s duty of competence requires, “at a minimum, a basic understanding of, and facility with, issues related to e-discovery.”
As technology continues to change at a rapid pace and impact the practice of law, clients will expect their lawyers to pay attention. To that end, lawyers must be competent in a range of technologies directly related to the practice of law.
These are just some of the most notable ways that technology is changing the practice of law. As technology continues to advance, the practice will continue to evolve with it. Lawyers should – and may be ethically obligated – to stay abreast of and develop competence in these technologies.
Analytics is the science behind the art of digital marketing and is an invaluable part of any law firm’s marketing strategy. Digital analytics can provide a wealth of information that not only tells you how effective your digital channels are, but if analyzed properly, can provide fact-based information that can help identify prospect behavior and needs. Legal marketers must be familiar with the proper web analytics tools to be able to capture and interpret the performance of their website but must also be able to go beyond their website to properly assess the performance and return of their digital marketing efforts. In this article we discuss how law firms can merge web analytics and digital marketing analytics to improve the overall performance of their online marketing efforts.
Why Marketing Analytics Matter
To benefit from your marketing analytics, you must understand why they are important. Analytics enables you to measure, analyze, and manage the performance of your digital marketing strategy in real time. Legal marketers can leverage analytics to pinpoint problems and uncover areas of opportunity and potential growth. Knowing which digital marketing analytics are important to your bottom line will help you stay focused on the metrics that matter.
Why You Need to Measure Your Efforts
Your analytics should always include a measurement of your efforts. This is for one simple reason, sustainability. Essentially, you want to ensure that your marketing efforts are contributing to the growth of your firm and producing a positive return on investment (ROI). By learning to create custom reports and glean actionable insights that actually matter to your firm, you can begin to make data-driven decisions and strengthen your marketing strategy. At any point during your campaign, you can apply the data to tweak or remove tactics that are not producing the desired return. By effectively leveraging data intelligence, you will build a more insightful and effective marketing plan. The good news is that the process of tracking digital marketing has become very straightforward. Your chosen marketing tool probably has analytics built-in, helping you measure your efforts.
Web Analytics Can Measure Those Efforts
Supplementing the built-in analytics with your marketing analytics is simple. Numerous websites offer web analytics tools, with Google Analytics being among the most famous and most popular. The most attractive reason to use Google Analytics is that it’s free! Google Analytics will show you the number of views and visits to your website, where those visitors come from and what pages they are looking at. This information enables you to easily see how your website is performing in real-time. Google Analytics will even allow you to organize and track website data across all devices – smart phones, tablets, computers and even smart TVs. To learn how to create a custom Google Analytics report, checkout this blog post.
Using KPIs
Evaluation of your efforts will come down to KPIs or Key Performance Indicators. You choose these criteria as measurements to demonstrate how effective your marketing strategies are at achieving your key business objectives. As such, they let you see if you are meeting your business goals, whether they are brand awareness or lead generation. Your marketing plan should include the KPIs that most closely meet your specific business objectives. Consider the following KPIs, as they are the most important for optimizing your campaigns:
Qualifies leads: This KPI lets you confirm that your campaign is generating qualified leads for your law firm
Cost Per Conversion: This metric allows you to evaluate how much you pay for each conversion to help you confirm that your marketing expenses are worth the expenditure.
Online Marketing Return on Investment: It should go without saying that your return on investment will let you know whether your efforts are worth it.
Form Conversion Rates: Form conversion rates help you determine how well your content marketing drives people to your law firm’s website and encourages them to take action. You can even use the combination of data from the forms and the form conversion rates to develop strategies that boost conversions.
Reach and share of voice on Social Media: Don’t forget to consider the conversions that you get from social media as one of your KPIs. This lets you determine which social media network is the best for you so that you can concentrate your efforts for the best ROI.
Takeaway
As a legal marketer, you must understand the impact of your marketing efforts through the effective use of digital marketing analytics and web analytics. Applying data intelligence is invaluable to the process of improving and optimizing your marketing strategy.
Today, word-of-mouth is still key for generating business, but the mouth is billions of voices strong and the word is “reviews.”
The evidence for the importance of positive online reviews is an avalanche of statistics. On the Small Business Radio Show, Jeremy Lessaris said that “a one star drop at a plastic surgery office can cost the company millions of dollars.” A study from Speigel Research Center shows that higher-priced goods and services (like attorney’s fees) rely even more heavily on reviews: the better and more reviews, the higher the conversion rate (up to 380% higher than those businesses without reviews).
The Good
Having even a few five-star reviews puts you on a track to have more business and stronger clients in the digital word-of-mouth culture. There are also a number of review-curating sites dedicated to the legal profession that can boost your firm’s online profilel for free.
Google Business Pages. This is one of the easiest ways for potential clients to find you. As long as you have claimed your listing, your clients can share their experiences with you instantly. And, with Google’s massive search engine behind them, great reviews translate to new leads effortlessly.
LinkedIn. One of the more underutilized review-gathering tools, this is another free and ubiquitous tool to get great feedback on your firm’s business. The added benefit here is that you personally can get reviews from friends, family, colleagues, and clients, with every positive interaction given equal weight.
Facebook Business Pages.Sixty-eight percent of Americans use Facebook daily, the highest-traffic social media outlet second only to YouTube. This makes the reviews on a Facebook Business Page the most likely place for people to find reviews about you.
Avvo. If you are a licensed attorney, it is 97% likely that you have a free listing on the attorney-only review site, Avvo. In addition, their profile listings are searchable by Google and Bing, so they are often one of the first search results that a potential client will find when they search your firm’s name.
Martindale-Hubbell. This is another attorney-specific review site that utilizes Google’s vast search algorithm to bring results to the top of the page. Having great reviews here (especially from colleagues and former clients) can be an excellent source of new business.
The Bad
Unfortunately, like in any game of “telephone,” not every piece of information shared online is correct or even kind. Bad reviews can be devastating to the online reputation of even the best law firm. Unfortunately, potential clients who have never met you do not have anything else to go on except these online reviews.
In addition, potential clients actually seek out negative reviews in an attempt to decide what the “worst case scenario” is in working with your firm. That means that it is vital to police your online brand and be proactive about keeping it spotless.
So, how do you deal with bad review? Here are three things that will almost always work to keep you looking your best online.
Keep your brand consistent and positive. Make sure that your brand comes across loud and clear across all social channels, including branded headers, standard language, and images and posts that fit with your professional image.
Encourage people who leave glowing reviews. When you chime in with a quick “thank you,” or “I am glad you had a great experience,” it sets a tone for your business that you are gracious and willing to take time to engage with your audience.
Deal with negative reviews quickly and impassively. If you are regularly monitoring your reviews, you will know when someone has had a bad experience. The faster you deal with it, the better. It is also important to respond without being defensive. I
The Ugly
Although online reviews are important, there are some things you should never do in order to improve your online branding. A recent case in Pittsburgh highlighted one of these—buying or soliciting positive reviews in exchange for goods or financial rewards.
The case was brought by a former client of a Pittsburgh employment law firm who the plaintiff said defrauded her by soliciting positive reviews from non-legal clients and friends of employees in exchange for paid time off. The case was settled out of court, with the law firm promising never to pay for reviews again, but the trust with the community will be difficult to repair.
Another thing that will absolutely ruin your online reputation is responding to negative reviews with malice or denigration. This can be especially tempting when the person leaving the review is someone who has a personal grudge—I know of a few instances where disgruntled former clients or colleagues will send messages to review outlets like Super Lawyers as a means to lower the attorneys review ranking on the site.
Instead of trying to buy or argue your way out of a bad review, always take the high road. Do a little online research on the person writing the review and imagine that your potential client audience or referral sources are looking at how you respond. If word-of-mouth is the key, you want to make sure that what people hear about you is that you are classy and graceful under negative pressure.
Conclusion – The Best
The great thing about online reviews it that you have power to present your law firm and yourself with dignity and class, regardless of how good or bad your online reviews are. With the right kind of proactive brand management and a positive, responsive, and flexible attitude towards what others say about you, you can rise above the worst and reflect the glowing praises of the best.
At least 73% of everyone looking to hire a lawyer search online long before they ever make that first call. In addition, it is said that the attorney biography page is the most visited page on law firm websites. This makes having a good set of online biographies a requirement for driving business to your legal practice. It should be simple: just write a little bit about yourself and your accomplishments, right?
Unfortunately, it is not always that easy.
Each type of biography has its own quirks and requirements. In addition, while most lawyers are excellent communicators and writers, that can actually work against them when dealing with a finite space for sharing credentials in a marketing setting.
Here are my top 7 tips for creating excellent lawyer biographies and some important faux pas to avoid.
1. Open with a strong statement
The biography is a vehicle for selling legal services so even if it is in a third person voice, it should be about connecting your experience with the legal problems you solve. The first paragraph of your biography is important real estate for starting a conversation with the person you are trying to connect with.
You can also increase your online search results by adding in specific keywords in the first line and headings such as your first and last name, firm name, location, and most prominent practice area. Education and personal information should be saved for the end of the biography.
2. Cover the basics
Make sure to include all the nuts and bolts that people will want to follow up on to ensure that you are who you say you are. Specifically, you should cover:
Contact Information: Location, phone number, social media links, email address.
Education: Undergraduate and law school credentials, as well as any post-graduate degrees.
Work History: This is not always necessary but be sure to share any noteworthy positions.
Practice Areas: When possible be concise.
Published Cases or Representative Clients: Do not forget to Include high-profile clients and pro bono work soliciting permission to publish when necessary.
Publications: These should be publications you have written or have been interviewed by.
Speaking Engagements: Lectures, podcasts, and panel discussions are great to include.
Awards: Your biography should contain both legal and civic awards.
Board Memberships: Every instance should be its own entry or bullet point.
Bar Associations & Legal Organizations: Highlight leadership positions first, general memberships after and include years of participation if possible.
Clerkships: Judicial clerkships are important to list.
3. Cover the extras
Next, you will want to make sure that you include anything extracurricular that will make you stand out in a crowd. Leadership positions (even outside of a legal industry), community service, and board memberships are great additions to this section. This is also the right place to include a personal line or two about your interests, hobbies, or family to inspire further connection with your audience.
4. Have a relevant, professional photo
Here is an area where many lawyers fall short. Remember, this may be the only time your prospective new client sees you before deciding to request your help. Give your best possible first impression by investing in professional headshots that reflect your best qualities and your personal brand. Take professional headshots regularly to keep your online image current.
5. Create several biographies for the best web engagement
The professional biography that you have on your website should be different than the one you have on sites like Avvo or Martindale-Hubbell. This gives each of your biographies a unique content score with the search engines which improves your overall search results rankings. It also means that potential clients see unique pieces of content that have not been cut-and-pasted to save time.
Consider creating a bank of biographies for each of your online biographies, your website, and printed biography. Be sure to calendar a reminder to review them once per quarter for updates. In addition, develop a different “short” version that can be used when you speak, guest post on a blog, or are published in a legal journal.
6. Avoid the biography pitfalls
There are a couple of issues that I see often when I review clients’ online and offline biographies. Some of the worst offenders when creating a biography include:
Informal photos: Stay away from using an old repurposed image of you at your brother’s wedding. And, unless you have an MFA in graphic design, stay away from photoshopping yourself into a different setting.
Being too wordy: There is no need to include everything you have ever done in your legal career in your online biography. Skip the fluff and focus on the highlights. The ideal length is between 300-500 words.
Big blocks of text: Too much text tires the reader, and odds are good you will lose their attention even before they hit the second paragraph. Keep paragraphs to between 2-4 sentences to incorporate white space. Be sure to read your biography out loud to note any drawn-out sentences.
Third person formal: Stay away from calling yourself “Ms. or Mr.” in your biography. This sounds pretentious and can be off-putting for new clients. Instead, simply use your full name once at the beginning and your first name after that. It is important to note that there is a lot of debate about whether you should write your biography in third person (he, she, them) or first person (I, me, my). The answer will come from your target audience, your practice area, and your personal brand.
7. Try creative, interactive elements
You can make your biography page stand out even more by incorporating engaging elements like vcards, printable versions, or introductory videos – as long as they are professionally produced. Another wise choice is to include a disclaimer if you list your email address stating that sending an email to you does not indicate a legal attorney-client relationship unless an engagement letter has been signed.
Conclusion
Writing the perfect lawyer biography does not have to be a difficult exercise. Like any other marketing exercise, start with your potential client and work backward. Your biography is a great opportunity to connect with people before you meet them. Create text that is search-friendly, concise, and filled with the highlights of your career. This will allow potential clients and colleagues to “cut through the noise” and recognize you for the great lawyer that you are.
Is your firm combining technology and innovation to serve clients? We want to know about it! The Chicago Legal Tech Innovation Showcase, brought to you by the Chicago Bar Association’s Future of the Profession Committee and Chicago Kent School of Law is October 24th. Submissions are due by September 29th, 2017.
A panel of distinguished judges will choose five “Best in Show” awards in each of the 2 awards categories: Law Firm/Legal Services and Company/Product/Service. Each award winner will present a 5 minute pitch at the Chicago Kent Auditorium on October 24 and have an opportunity to exhibit during the event. All submissions that meet the criteria will be listed in a Chicago Legal Tech Showcase Guide 2017
The Chicago Legal Tech Innovator Showcase will promote the law firms, legal aid orgs, and companies that are using technology to improve legal services in the Chicago area and highlight those whose innovations are exceptional. Whether the end result is better legal knowledge management, more affordable legal services, or improved metrics for decision making and analysis—and regardless of how the services are delivered—we want to hear what you are doing and so does Chicago’s legal community!
The Legal Marketing Association Annual conference has officially come to a close! Thanks to LMA and American Conference Institute for all the hard work they put into making the conference a success! See below for the National Law Review‘s Twitter recap of the afternoon sessions. See you in NOLA next year!
How to Make a Splash in Foreign Markets: The Do’s and Don’ts of New Market Entry That Every Marketer Should Know
The Legal Marketing Association Annual conference has officially come to a close! Thanks to LMA and American Conference Institute for all the hard work they put into making the conference a success! See below for the