The Greatest American Lawyer

Google Says You Are An Expert

I was giving a presentation last night to a group of college students in a marketing class.  We were talking about internet marketing and the use of blogs to show off your expertise.  The discussion gravitated towards the issue of whether or not someone could “pretend” to be an expert in something that they were not. 

While theoretically possible, it is not likely that someone could long pretend to be an expert in something they have no expertise in.  But it does raise the fundamental issue about de facto vouching of expertise by Google.  If you show up on page one of the Google search returns, the presumption is that you must be an expert.  Google has, in effect, vouched for your expertise by placing you in that spot. 

Of course, clients should do more than review a website before hiring an attorney.  Other questions will quickly reveal the gravitas of the supposed expertise.  Questions we should be asked include:

1. How many cases has the attorney handled concerning the specific issue which the client is dealing with.
2. What have been the results that the attorney has achieved in each of those cases.
3. How long has the attorney been specializing in this particular practice attorney.
4. Are there any references who the client might speak to who had similar legal issues

Digital Millennium Lawsuit Against Universal Music Publishing

Interview with Marcia Hoffman, a staff attorney for the Electronic Frontier Foundation (EFF) www.eff.org. Ms. Hoffman is the lead attorney representing YouTube contributor, Stephanie Lenz, against Universal Music Publishing Group. Universal Music recently shut down Ms. Lenz' YouTube video of her toddler son dancing to a Prince song on the internet with a bogus take down notice to YouTube.

• Watch the video here.
• See the Lenz v. Universal Music Publishing Group Complaint here.
• More Info on the EFF here.

with Expert Marcia Hoffman of EFF.ORG Sponsor TraverseLegal.com Read Transcript Play Show

ANNOUNCER: Welcome to the VTalk Radio Tech Spotlight with your host, John Bentley.

JOHN: Welcome to VTalk Radio's Tech Spotlight. This is your host, John Bentley. Today we are speaking with Ms. Marcia Hoffman. Marcia is a staff attorney for the Electronic Frontier Foundation, known affectionately in the internet community as EFF and found at www.eff.org. Ms. Hoffman is the lead attorney representing You Tube contributor, Stephanie Lenz, against Universal Music Publishing Group. Universal Music recently shut down Ms. Lenz' You Tube video of her toddler son dancing to a Prince song on the internet with a bogus take down notice to You Tube. Marcia welcome to the program.

MARCIA: Hi there. Thanks for having me on.

JOHN: First of all, can you tell us what is the Electronic Frontier Foundation?

MARCIA: The Electronic Frontier Foundation is a civil liberties organization based in San Francisco which that champion digital rights, most particularly individual rights online including things like online free speech and privacy, but also in this case, we endorse people's to use copyrighted material in a non-infringing way online.

Domain Matters: Protecting your domain name ...

Here is a nice primer on domain name theft, cybersquatting and domain piracy issues. I think we all underestimate how easy it is to lose your domain name in cyberspace.  Everyone needs to take steps to ensure they don't lose their domain URL.  In fact, domain owners need to go on offense to make sure their domain is protected from cybersquatters and other evil-doers stalking the internet.

with Expert Enrico Schaefer   of Traverse Legal  Sponsor <TraverseLegal.com  Read Transcript Play Show

New Additions to your Marketing Toolbox

Chuck Newton has a great new post on my favorite extranet tool, basecamp. He correctly notes that basecamp is not only a great productivity and team collaboration tool, but also a marketing tool. How does basecamp end up in the marketing toolbox.

Because you are transparent to clients and increased the level of collaboration, your clients tend to think of you more for new projects. Your clients tend to think of you not only for new projects, but also on new issues on current projects. Your clients tell their friends about the fact that your law firm is completely transparent. Clients want to know what their attorneys are doing and are impressed by the fact that they are involved at every step along the way.

Web 2.0 Demo on You Tube

Carolyn Elefant at My Shingle had a great post which she obtained from Lisa Solomon. This is a must see presentation for anyone interested in understanding Web 2.0. It used to be that the Internet was about information. Web 2.0 illustrates that the internet is becoming the portal though which the global village is being created.

Carolyn Elefant at My Shingle had an interesting post about all those who kept the identity of the Greatest American Lawyer Author secret over the last two or so years. I had never really thought much about the fact that so many people could have easily "outed me," but didn’t. The concepts behind Web 2.0 involve more than simply connecting people together by hyperlinks. People are in fact connected in a meaningful, social, and personal way. My blogosphere friends, many of whom I have never met in person or even spoken to on the phone, thought enough of me to keep my identity a secret. This is the essence behind Web 2.0. Not only do people connect, they care.

I Represented Michael Moore

As I was reflecting the other day (which is something I'm not prone much to do), it occurred to me that my little law firm sponsored the world premier of Borat right here in my hometown. I paid $1,500 to sponsor a film which Warner Brothers had not ever seen. They had a special section roped off for Michael and a group of Warner executives. Rumors were running wild in the back streets of Hollywood over this movie. In the form that we first saw it, the film was not yet rated. It was beyond R for sure, crossing the line well into X. The entire theater erupted in side-splitting laughter from the first moment the movie began for the first 40 minutes solid. It was unlike any other experience I have ever had in a theater.

My little independent practice was the sponsor of that film. We sat in the front row, right in the middle. Michael Moore stood 4 feet from us as he thanked my law firm for sponsoring the film. Larry Charles attended as well. He was dressed in a tunic-type dress suit with a full beard that ended in a point at least 12 inches below his chin. He looked like a Jewish Rabi.

And my little firm in the middle of nowhere sponsored that film.

How in the world could that have happened? And how did I end up on the phone with Michael Moore at all hours in the night working on contracts for the festival.

Perhaps the most important question that you all could ask yourself is whether something like that can happen if you are walking someone else's path.

It is hard for destiny to take you by the throat -- to fulfill your potential -- if you are not on your path. My path has led us in some incredible directions. The best reason to become an independent practitioner is because it makes you independent. It frees your mind, your body and soul to fully become -- you. The second best thing is knowing your children see you as a man fulfilling your potential and answering to no one at no value beyond your own.

Reach out and Touch Someone

      Tom Kaine at the Legal Marketing Blog continues his series on small firm marketing. In Part IV as Tom's top six affective marketing tools above and beyond what I believe most people believe to be the most important, networking and word of mouth. Here they are:

• Client feedback or Visitation programs (Nos. 1 and 3 on my list of Top 10 Marketing Tips for the most effective marketing "tactics");

• Speeches in general (not just seminars);

• Third Party Seminars (i.e., put on by a business, trade or other reputable organization rather than the law firm "giving/hosting" a seminar itself. Sometimes they are more effective and don’t come across as an obvious sales pitch by the law firm;

• Proposals/Presentations (whether head-to-head with competitors, or as sole source);

• Organizational Activity (i.e., getting involved and making a contribution to a trade, business, civic, cultural, or bar association can be very effective over a period of time. Granted this can be a significant part of one’s networking, but not the only way);

• Sending Information/news clippings as a means of constant contact.

      I have stepped up my efforts to reach out to other members of the bar, current clients and former clients. My recent post about sending a client survey, I am convinced, will actually generate more work. I am also a member of a statewide technology organization and recently gave a presentation on sixty tech tips in sixty minutes. This generated one significant new client with numerous new projects.  While it was difficult to be away from the office for an entire day, there is little question that it was time well spent. I am finding that the "low hanging fruit" is my continued branding as a high-tech law firm with sophistication in legal tech issues. There are few lawyers state wide whom have such a reputation.

Billing Basics 101

      I don't know why I didn't do this previously, but I have started to attach detailed cover letters with every bill advising the client of the status of the matter, what strategically has been accomplished, and what strategic tasks are yet to be completed in order to achieve the clients goals. I encourage the client to review the detailed narrative in the bill so that they understand not only what was done but why it was being done. I also note that there are narrative items in the bill which did not result in a charge to the client because they were administrative in nature or did not add value to solving the clients legal issues. Most particularly, I note that the client phone calls between myself and the client are not charged because we do not want any client hesitating to call us if and when they have a legal problem. Of course, charging clients for ten or fifteen minute phone calls creates a huge disincentive for clients to pick up the phone. If the phone call was truly significant, then I will have had to do something after that phone call by way of drafting or .PDF mark-up which does get billed for.

      By providing cover letter on each client bill, I not only take advantage of an opportunity to educate the client as to where we are in the matter, but no doubt provide additional incentive for the client to pay the bill in a timely fashion. Simply receiving an invoice without a cover letter provides little incentive to the client to actually focus on the invoice.

Technology Fries Your Brain Worse Than Pot

CNN reports that technology fries your brain worse than marijuana.

Don't be a slave to technology: In more than 80 clinical trials, Dr. Glenn Wilson, a psychiatrist at King's College London University, found that workers distracted by phone calls, e-mails and text messages suffer a greater loss of IQ than if they'd smoked marijuana.

The IQ of those juggling messages and work fell by an average of 10 points -- equivalent to missing a whole night's sleep and more than double the four-point fall seen after smoking pot. The drop in IQ was even more significant in men.  more ....

I don't know anyone as "plugged into technology" as Dennis Kennedy.  He did seem a little loopy at the LexThink conference in the Spring, 2005.  I just hope he doesn't drive or operate heavy machinery when he is done teching for the day :-) 

The remaining question is obvious.  Does technology also give you the munchies?

Speaking of Dennis Kennedy, he and Matt Homann from The Non-Billable Hour are hosting BlawgThink 2005!  in Chicago on November 11 and 12.   I'm going, are you?  If not, you should be if ...

1. You are interested in understanding and launching a successful blog.
2. You want to take your blog to the next level.
3. You are interested in originating more clients with a properly launched blog.
4. You believe that blogs can change the world.
5. You want to meet the top legal bloggers in the universe.
6. You simply like Chicago and are looking for a reason to write off a shopping trip.
7. You want to know who is the author of the Greatest American Lawyer blog?
8. You want to see if the technology buzz really is as disabling as smoking marijuana.
9. You want to hear one of the following people speak. Matt Buchanan, Ben Cowgill, Dennis Crouch, Fred Faulkner, Peter Flashner, Brandy Karl, Cathy Kirkman, Rick Klau, Jim McGee, Steve Nipper, Kevin O’Keefe, Evan Schaeffer, Doug Sorocco, Ernie Svenson, Jack Vinson, Will Hornsby and J. Craig Williams.

If you’ve hesitated on asking for an invitation to BlawgThink, don't hesitate.  There are still spaces available. Just let Matt know you are interested (matt@lexthink.com).

Duty To Comment

I posted previously on a lawyer’s duty to comment. I noted that one of the benefits of making comments on other people’s blogs is that you get that extremely valuable link back.  As we all know, Google rates websites, in substantial part, by the number of incoming links to that site.<

Why don’t people take more advantage of the comment function on other people’s blogs to improve their website traffic?  As long as you are saying something intelligent and relevant, the blog host will be very happy and you will get a link back to your site.

Rest Room Ad Campaign Update

My rest room “Johnny Advertising” campaign started last week. In upscale restaurants, health clubs and other high end market establishments, my law firm is now prominently advertised. I am branding my website address, my slogan “changing the way law is practiced” and my alternative billing options. I previously posted on the ad here.

Within one week, I have already scored one family with real estate drafting needs, that contacted me yesterday, and retained me today. I wore my short sleeved shirt and pants, a little more dressed up than usual. They were more dressed up than I was. 

They generally loved the advertisement, and we had a very healthy, bitch session about attorney billing models in general .  We put them on a flat fee to deliver the required documents. 

I take several lessons away from my Johnny Advertising experience thus far. First, clients are attracted to the message of being a 'different kind of law firm.' Second, legal issues are sometimes discussed over dinner.  What better place to have an advertisement than in the middle of that discussion? Third, one advertisement campaign can be paid for in a single client. The rest is gravy.

Bikini Clad Paris Hilton Endorses New Law Firm Billing Model

Lawyers and law firms often forget exactly how limited they are by ethical rules about advertising.  These limitations keep us all in a small (although not so neat) little box. 

How small is the box which regulates lawyer advertising? There can be no better contrast between business advertising and legal business advertising than this Paris Hilton commercial for the Hardee's / Carl Jr hamburger chain [a MUST see since it sets the bar for mixing sex and message in advertising]. 

Now, after watching the video, watch it again and imagine (or fantasize if you wish) that Paris was selling legal services.  Not an injury lawywer advertisement. Imagine a clever ad about alternative billing.  Imagine the ad is so novel it gets played nationally on the news and receives hundreds of thousands of hits on the world wide web each day.

While lawyers struggle with issues such as client endorsements and blogging advertising policies, other US businesses actively mix sex, luxury vehicles, a lot of water, a hose, major tongue action and a barely clothed Paris Hilton to get the consumer's attention so they can broadcast their barbecue burger message.

After seeing the video, I am struck that the lawyer advertising box is indeed as tiny as Paris' bikini. I admit that I am indeed jealous of other businesses which have almost limitless ways to get out their message. 

Would I want Paris to market my message of "changing the way law is practiced" ...  My immediate thought is 'hell yes' (although I admit that I might be somewhat dazed from Paris' burger commercial ... her video talents are legendary).   Instead of struggling to get my message of change and innovation heard, the message would drop like a atom bomb.  And I thought blogs were great.

Advertising has always been a cornerstone of American business.  Good advertisement added to a quality product delivers market (and yes financial) success.  I think I heard it called capitalism once; capitalism in the true sense of what was originally intended by Adam Smith and re-introduced by Adam Smith, Esquire.  I am not talking about today's capitalism which I think we all realize is a function of momentum, money and power at this point, far more than talent or value. 

When marketing meets muscle, entire service markets are changed and even created. You don't see that in the law, probably because many think it would be prohibited by ethical rules concerning lawyer advertising. 

Ask yourself.  Where do legal consumer turn for information when they hire a lawyer?  Even with today's Internet, the number one complaint of prospective clients is that they don't know how to hire a lawyer.  Of course, the rich know who they are and which ones are most connected. What about he average business person, the middle class Joe or the upwardly mobile Jane? Don't they deserve information and alternatives?

It makes me wonder, if Paris Hilton endorsed a law firm by labeling a firms alternative billing model "That's Cool!" while wearing nothing but a skimpy bikini, would the public really be in jeopardy of being deceived?  It is an extreme example but one that makes you think. Don't limitations on advertising leave most legal consumers completely in the dark, or worse, left to the back page of the yellow book? What's worse, Paris in a bikini pushing value billing or leaving clients to guess about law firms (loaded question).  How about, can't we loosen up the advertising rules for non-personal injury/employment advertising?

Handcuffing lawyers from distinguishing themselves from their competition is simply protecting the status quo.  It is time to overhaul the lawyer advertising rules with a system that protects consumers from misrepresentation, but allows law firms to freely and creatively inform and entice consumers with alternatives to the traditional law firm.

I agree there is a professionalism difference here so don't leave a comment lawyers are different than burgers.  Da.  If that's your comment, you miss the point completely.  The question is not we are a higher grade product than a Hardee's burger with spicy barbecue sauce dripping down the sides (Hmm, maybe that would be a good debate after all).  The question is are we killing innovation on non-contingency fee business models by severely limiting advertisement by lawyers. The question is whether we are so busy trying convincing ourselves that advertising is unprofessional, we have forgotten to integrate professionalism in our practices where it counts. 

My god, have we really convinced ourselves that we are saving the profession by killing the free speech of lawyers about the profession itself.  And if lawyers don't say it in advertisements, where do they say it to the broader public?  Church?

And what the hell are we protecting exactly.  The answer supposedly is that we are protecting the institution of law itself.  But those institutions are not focused on upholding lady justice in today's legal market (oh, can you imagine Paris as Lady Justice?).  The institution is an army powerful machines of hourly billing focused on greed and ego (I can almost see Paris "lady" Justice battling hourly billing killing machines ...).

I am too hungry for a Spicy Barbecue Burger to write any more  ....[GAL leaves the blogosphere trying to find his car keys and a late night window @ Hardee's ...]

Marketing To Your Goals

Ellen Ostrow, Ph.D., Founder, Lawyers Life Coach ™Personal and Career Coaching for Women Lawyers, has a great web page where she talks about re-defining marketing. Here are some of her astute observations:

• Marketing is developing a sense of yourself and your strengths and communicating this to others with the goal of helping them solve a problem. [My thought:  marketing should be driven by your defined goals.  My goals include developing relationships with the larger litigation firms in town and becoming a referral prospect when those firms have conflicts.  I am going to lunch with the local power-hitters all summer long].
• Even more importantly - marketing is the best way to implement your career plan and control your life. Clarifying your vision of your "perfect" client and developing a solid sense of your strengths and the work you want to do empowers you to further your own success.[Being an independent practitioner allows you to think about who you want to provide legal services to.  I am working on defining my perfect client and then marketing to that goal.]
• Designing your career, developing a network consistent with your goals, and acquiring a client book are the pathways to real career autonomy.  [Amen!  One bad client can ruin the whole experience of being a lawyer.  As Matt Holman at the Non-Billable Hour Blog says, don't be afraid to fire a client].
• Without a plan, most lawyers won't market because they view it as difficult or unpleasant. But developing your own individual marketing plan enables you to make optimal use of the time you have and to avoid time wasters that don't fit with your priorities.  [I would submit that marketing is a mandatory for no other reasons than to make a lawyer think about how he/she wants their practice to look and feel down the road].
• Leveraging is a way to get maximum usage out of the work you're already doing. It's a great time saver. [Don't re-create the wheel.  Leverage the relationships you already have.  I printed my complete client list and am going back through the list looking for ways to leverage the relationship I enjoyed most over the last year.  I'll do the same with my contact list next]