The six resolutions stem from the commission’s study of the Model Rules of Professional Conduct in light of advances in technology and global legal practice developments. I suggest reviewing all of the six resolutions.
The post focuses on the Technology & Client Development resolution and discusses, at length, the proposed changes to the Model Rules of Professional Conduct suggested by the Ethics 20/20 Committee. I hope you find it interesting and helpful.
Thanks to our good friends over at X1 Discovery, we’ve been given permission to link directly to their fantastic database of cases discussing social media. With more than 680 cases involving social media, all in a table format that you can sort by a number of different factors, this is a resource you will likely want to take advantage of. Thanks to X1 Discovery and their willingness to make this resource available to readers of this blog. Next time you need case law, you’ll know right where to head.
(In case you didn’t notice, there is a link to these published cases on the menu bar across the top of the blog; I hope you find this helpful–it truly is a great resource.)
Time to open up Evernote and give you a rundown of all the happenings of Day 2 at the 2012 Avvocating Conference. It’s hard to know where to being. The amount of information that was disseminated today will likely take a while to digest. The quality of speakers and presenters at the conference (sans myself) was nothing other than top notch. I am really impressed with the people that Avvo brought in for this particular conference. So, without further adieu, here are some of my notes from today’s proceedings.
Josh King (@joshuamking) is General Counsel for Avvo. Of all the presenters, I think Josh did the most to assuage concerns that lawyers have about using social media as marketing tools. The key take away from Josh’s presentation was “Attorney advertising rules apply to advertising, not to posts or information about attorneys.” Josh pointed out four areas of potential concern: (1) testimonials; (2) client solicitation; (3) promising results; and (4) bureaucratic requirements. Testimonials are in their early stages and various bar organizations are trying to figure out how to deal with them. Bottom line, you really don’t need to worry about them (unless you have a specific bar rule prohibiting them). But client solicitation was an interesting discussion.
Josh and I spoke after his presentation and I agree with him–the in-person solicitation rules are designed to prevent lawyers from pitching clients on the spot–essentially, situations where the potential client has no choice but to respond. Since us crafty and charismatic lawyers work all sorts of magic, obviously in-person solicitation is problematic because no one can resist us. I agree that bar organizations will have a hard time applying these “in-person” solicitation rules to social media discussions. After all, the potential client can simply stop participating in the conversation. Our wily ways don’t work over the Interwebs. A few other tips from a presentation designed to make lawyers more comfortable with social media and the review process:
State bars can only regulate commercial speech. Definition of commercial speech: “that which does not more than propose a commercial transaction.” Even then, the regulation on commercial speech must be narrowly tailored and advance a government interest.
Don’t overstate your qualifications. Don’t lie. If you are going to talk about your cases, do it in a way that does not imply future results.
Always be professional.
Follow these tips and it is unlikely that you will ever have any problem with your local bar. If you do, call Josh (and he’ll solve it haha). Always remember that clients can say whatever they want–a client testimonial is not an advertisement.
Sachia Bhatia (@sachbhat), Director of Product Management at Avvo, discussed four basic things that every Avvo user should do and then identified three new opportunities to take advantage of. First, the four necessities: (1) Keep your profile up to date–there are few things worse than an outdated, stale profile. (2) Solicit reviews from current and past clients–these reviews are important to your Avvo ranking and also have impact in search engine results. (3) Build out your endorsement network. Find attorneys you can legitimately endorse and request legitimate endorsements in return–the “I endorse this lawyer” line simply doesn’t cut it anymore. Endorsements need to be detailed and descriptive. (4) Answer questions to showcase expertise. Again, answering questions on Avvo helps your Avvo score and it also increases your exposure by exponential factors. Not all of us can be level 20 contributors (some of us have to actually bill hours after all–I’m only a level 10 contributor and no, I don’t have an Avvo rating of 10–who can fix that for me?). But answer questions when you can. Subscribe to immediate email updates for questions in your practice areas and your localities so that you can be a first responder. This will be more important as Avvo rolls out some new features.
Sachia also discussed three “new” opportunities that more Avvo lawyers should be using: (1) Avvo on the go–start getting Avvo updates wherever you are (see the discussion above about “immediate” subscriptions to questions); (2) Bring Avvo Home–make sure that all of the work you do on Avvo and other sites, such as answering questions or publishing guides, pushes users back to your Core Web Presence. Use Avvo to help bring your potential clients to your home turf; and (3) Bring answers back to your site. This is something I plan on implementing immediately. When you answer a question on Avvo, publish that question and answer on your own site. Increase your footprint and show the visitors to your homepage the knowledge you have (and hopefully answer some of their questions along the way).
Panel Discussion: Kelly H. Zinser (@kellyzinser), Linda M. Callahan (@DUIAttyCallahan), Peter Gonzalez (linkedin.com/in/peterjgonzales), Rich Sierra (businesslawyer.biz). As was the case yesterday, it was hard to take notes on the panel discussion–to much conversation going back and forth. The panel continued on the theme established by Sachia and discussed how to best use Avvo and how it was working in their respective practices. I hope the panel discussions make their way onto a Avvo / Lawyernomics video post. The information exchanged in the panels was invaluable.
Ari Kaplan (@AriKaplan), President/Owner of Ari Kaplan Advisors. Ari’s presentation was one of my favorites. His creativity in building networks and a working referral base is unmatched. He spent most of his time focusing on how you should be making efforts to help your network increase their personal business and success. For example, Ari scours the web, including sites such as http://www.helpareporterout.com, and then forwards links to those in his network to follow up on. “Self promotion has very little to do with promoting yourself. It really has to do with helping to promote others.” Absolutely brilliant.
He is creating an extremely loyal network by helping his network succeed. His focus is on his connections, not himself. And my personal favorite tip was to do quick video interviews with “important” people as an icebreaker or a way to open that networking door. I was really impressed by this idea. I think it is brilliant. So I went “Ari” on “Ari” and here is the result (it will play upright, I promise):
Thanks for the interview Ari. Hopefully it will be the first of many more. For whatever reason, this really resonated with me. What a great way to build a network, especially with those who otherwise might not give you the time of day. I was so impressed, I got Ari’s book.
Vanessa Fox (@vanessafox) is a search guru. While her presentation was entitled “Marketing in the Age of Google,” it quickly became apparent that the subject de jure was “How do I convince people to hire me.” According to Vanessa, “Search is valuable for figuring out what people really want.” And figuring out what people want is extremely important because these three steps are necessary to convince people to hire you:
Know who your audience is.
Know where your audience is.
Know what your audience wants.
Figure out what your audience is searching for and make sure that you are found there. Speak their language. Enough with the “Environmental Remediation Litigation Specialist.” How about “environmental cleanup lawyer” or some other layman term that might actually get searched. “Remember to talk about things in the same way that your audience talks about them.” Also remember that SEO “is about solving people’s problems.”
Two bits of invaluable advice: (1) Every page of your site is the home page–you never know where a user is going to land so make sure your important information is available on all of your pages; (2) How to rank well in search engines: Have great content that people love.
Mark Kelly (@chair10 / @mkelly7777), President and Founder of Chair 10 Marketing. I am going to be honest here. Mark gave one of the best PPC presentations I have seen (and I have seen a lot). I’ve requested his slides and I am going to do a full post on PPC once I have a chance to distill all that information. If you missed Mark, you missed out. (I was also fortunate to have Mark help critique my “elevator pitch” at the Avvo social hour on Thursday night.) This is one bright, bright guy. A quick tip for now (and plenty to come later): “Make sure your page headings match your PPC or search terms; when someone searches a key phrase, they want to see that key phrase listed in the page’s title so that they know that clicking the link will likely get them the information they want and need.”
Duane Forrester (@duaneforrester / web: http://www.bing.com/webmaster). Look, when your web address is “Bing Webmaster,” I’m pretty sure you are going to have some important things to say. Similar to Mike Blumenthal’s presentation from Day 1, Duane presented explicit details about the Bing algorithm, particularly how Bing includes social media in its search rankings and results. It is too complex for me to describe here but how about some statistics:
1/4 searches deliver successful results.
42% of sessions require refining.
44% of sessions are lasting more than a day.
And look what happens when “social” comes into play:
90% ask family / friends before making a decision.
80% will delay making a decision online.
People use friends: 2.5x more of than city guides; 4x more often than online reviews; 10x more than check-in sites.
Parting wisdom from Duane: “90% [of social should be] about others / 10% about me.”
Stephen Fairley (@stephenfairley), where to being. He is the founder of the immensely successful Rainmaker Institute and the guy is full (and I mean full) of passion and energy. As @Mark_Britton pointed out, even listening to him might make you tired (haha).
First and foremost, remember “The people run your systems. The systems run your law firm.” Get systems in place, teach people how to use them and let the systems run the show.
Stephen offered up so much valuable information, I’m just going to cut and paste it from my notes. He didn’t mince any words; you’ll get the gist of it from the following:
2nd most expensive area in your law firm (after payroll).
Never ending process.
Need to continually produce more and more leads.
First Rule of Marketing: You Are Not Your Client:
#1 reason you’re not getting more referrals is lack of your clients’ education. Failed to educate them what a good referral looks like.
Explain why you value and depend on referrals.
Explain what a great referral looks like.
Explain how to make a referral to your office.
Explain how are you going to treat the referral.
Explain what to tell referrals about you and your firm
Explain what information they [your clients] can give:
White paper, special report, etc.
#2 reason you’re not getting more referrals is lack of client communication.
One tip (very cost effective): newsletter.
Keeps you connected
Adds fresh content to your website
Helps cross-market your services
Generates more referrals
Promote website and blog.
Evaluate CPL (Cost per Lead) versus CPC (Cost per Client):
CPL (Cost Per Lead)
How many leads are produced in a given time frame.
How much money did the firm invest in marketing during the same time frame?
Divide $$$ by # needs.
Compare month v. quarter v. annual
(CPC) (Cost Per Client)
How many clients retained during that time period.
How much money did you invest in marketing during the same time frame.
Divide $$$ by # clients.
Compare month v. quarter v. annual
Establishing a running average.
How much is each of your clients worth? Does the worth of your client justify the amount of money you are spending on obtaining leads that actually turn into clients? Although there is much, much more to Stephen’s presentations (including a multi-day seminar put on by The Rainmaker Institute), here are some final parting thoughts on lead conversion:
Five stages of conversion:
Number of leads in the top of the funnel.
How many leads turn into appointments.
How many appointments actually show up.
Number of appointments sign up at the IC.
Number of appointments who sign up later.
Find the areas in those five steps that are failing and fix them. Now. It will lead to immediate success.
Mark Britton (@Mark_Britton) and Co. Definitely one of my favor parts of Avvocating. 20 cool things in 20 minutes. (It was nice to see that I am already using a lot of the “cool” things that Mark and his cohort identified). For those who missed it, here is the list:
If you want to know what each of these tools does, go check it out. The creators will be much more capable than I at explaining the value of their products. Personally, I’m checking out the Jelly Fish Art first.
And that’s a wrap on 2012 Avvocating Day 2. Once again, I was overly impressed by the speakers, particularly Ari Kaplan.
Look for a post here (and likely on Avvo’s Lawyernomics Blog) covering what I learned at Avvocating and why I think it is important.
Great event. Great speakers. Great organization. Thanks to @MeganOlendorf and her entire team for putting on such a great conference. Megan, send me the names of your crew so I can give them their proper credit and due respect (before I post the video of all of you jumping for your “celebratory” this-is-over picture–yeah, I got that on video).
Lawyers, social media is your domain. It serves a purpose. Check out the article for my explanation of why lawyers either do or don’t use social tools as well as some tips on how to use these tools effectively.
Assume for a minute that you have an upcoming trial, but your Facebook status is “I’ve spent the whole week writing a Complaint; I’m up to 300 paragraphs.” The client who is headed for trial may wonder why you aren’t working his or her matter. Now, whether the concern is legitimate, the client is likely to have it. Consider the same scenario but your Twitter feed over 3-days, including posts made throughout the day, distills down to “I’m bored at work and can’t wait for the weekend.” How does that come across?
As is always the case with social media, assume that everyone (including your mom) will read what you post. Always remember that your social media updates may affect your clients’ perception of you, the work you are doing, and the attention you are paying to their matter(s).
More interesting to me, however, is the highly-descriptive infographic designed and compiled based on the results of the report. You can download the infographic at the link listed above or just check it out here:
The conclusion? Most firms are not using social media in an effective manner. There is so much more they could be doing. Check out this informative infographic (pdf):