Guest Post: Bully Market: Diversity as an Investment Strategy . . . for Social Media

A little while back, I wrote a two-part tome on social media marketing. (Part I is accessible here. Part II is available here.) Maybe you’re still reading it. You can stop now. The short series was theoretical, but inspired by some of the very impressive uses of social media marketing that I see being made by a number of attorneys. Determining that my impressions are too white-tower, I decided that my posts were in need of a follow-up series, drawn up by practicing attorneys: men and women on the street, delivering field reports. I reached out to several attorneys, and got a positive response from each gracious one.

Gabriel Cheong was the first to respond, and the first to submit a drafted post. (Check plus, Gabriel.) So, he’s the first one to be published in this sequel series. Gabriel is the principal of Infinity Law Group, which focuses in the areas of family law, divorce and estate planning. Gabriel is as an avid blogger (for example . . . and), and I particularly like his YouTube video channel, InfinityLawTV. Google Gabriel . . . whoops, Google Gabriel Cheong . . . and you’ll find tons of stuff. I think Gabriel’s trying to set some kind of land speed record respecting internet presence . . . which is why he writes on diversity of investment in social media, below:

. . .

I was asked to write about how I have effectively used “social media” to grow my firm, and to double my revenue every year since I opened my practice three years ago. The question reminded me of something I read online a while back, which asserted that all media, marketing, advertising, is social. The point of marketing is to get the word out about your firm, so that prospective clients will engage you, and the firm. Thus, marketing is, by definition, a social endeavor.

Lawyers (or, more simply, anyone who does not immerse himself in day-to-day marketing) seem to hang onto the term “social media”, treating it as a magic marketing pill that, if taken as prescribed, will bring in vast fortunes, beyond wildest dreams. That is simply not the case. There is no magic. Like everything else, there is just hard work, and good sense.

In my firm, Infinity Law Group, my practice is concentrated in divorce, drafting prenuptial agreements and estate planning. I have one associate who helps me with all my work; and, I have a second associate, who is solely responsible for bankruptcy matters. I have one main website, www.infinitylawgroup.com, that goes on all my letterhead and business cards, and that serves as the main portal to my firm. In addition, I have set up a separate blog for each of the practice areas in which my firm concentrates--four blogs total. Everyone in the firm contributes to blogging, and all the blogs are updated regularly with content. I also write on law practice management issues through the Starting Out Solo blog, where I post tips and inspiration for solo attorneys starting their practices straight out of law school. I engage in video marketing through my YouTube channel, InfinityLawTV. There, I reach out to my audience (of potential clients) in a more intimate and personal manner, by speaking to them directly through video. This is all in addition to my in-person speaking engagements at various CLE programs, and myriad other internet and real-life marketing campaigns that I spearhead.

So, What’s the takeaway from listing what I do to market my firm? Simple. As with financial investments, diversification is key. Do not put all of your marketing eggs into one basket. There are marketing gurus out there who will say that a blog is the best thing since sliced bread, or that video marketing is the only thing you’ll ever need to generate business. That is simply not true; and, it’s a very dangerous way to think, and to market. The immediate response from your blog or video channel may be very positive, and lucrative; but, the danger is that, once that income stream runs dry, you are left with nothing. For example, What if YouTube went down, or out of business, or, over the course of one year, these video sharing sites, as we know them, were no longer relevant? Then, if video was all you did, you would have to start from square one again, because you’d have invested all of your energy, and money, and time, into one, or very few, marketing ventures. Diversify.

A Firm(er) Future: Boston Conference Offers Best in Law Practice Management and Legal Technology Fare

On December 1, 2010, from 8 am – 2:30 pm, the Warren Group, in association with the Massachusetts Bar Association and Massachusetts Lawyers Journal, will present the very first FirmFuture Conference. FirmFuture purports to play host to a world of opportunity for those who leverage the latest strategies and technology. Sounds pretty good, right? (For those of you who have clicked through to the website at this point, and who have seen the FirmFuture logo, you may be thinking that this is all some sort of nuclear fission experiment gone horribly wrong. Fear not. It isn’t. At least, I don’t think it is. Assuming we’re not all lambs being led to the slaughter . . .) The FirmFuture Conference offers a nice, packaged opportunity to see the best of what’s around in legal technology and law practice management. You’ll have access to top-flight speakers, a number of law and technology vendors, colleagues with similar interests, potential business referrals and contacts, some free food, conference schwag, and etc. For those of you who have previously attended the ABA’s TECHSHOW on the road at the Massachusetts Bar Association, or one of the MBA’s prior Legal Tech Expos, this program is an outgrowth of those. For those of you who did not attend those shows, and who are now feeling a little left out, well . . . now’s your chance to come find out what you missed.

And, of course, if it’s a show about law practice management and legal technology, you know the LOMAP team will be out in force, this conference being no exception. This is like our Woodstock. (God, that’s depressing. Wouldn’t it be much cooler if our Woodstock was actually more like the real Woodstock. Apparently, my sideburns do not make me as cool as Stephen Stills.) And, if you promise to behave yourself in the moshing pit, you can see Rodney and/or I presenting on a number of panels at the show. (For a full list of speakers and subjects, see the conference agenda, here.) Topics we’ll cover include: the virtual practice, the paperless office, sixty useful websites for your firm covered in sixty (or, forty-five) minutes and practice start-up. (Yeah, that’s a lot; we’re just really very sick individuals.) So, if you ever wanted to overdose on law practice management and legal technology, just like (well, sort of like) that kid from Willy Wonka (the original with Gene Wilder, not that horrid remake), FirmFuture is where you want to be the first of December.

But, if you’re gonna go, don’t pay for it. You can get into the entire show, plus the buffet lunch, for free, if you register through LOMAP. Use this link to register through us, and you won’t have to pay a dime to access all that FirmFuture has to offer.

Who loves ya, baby.

Law Practice the Other Day: Latest Issue of ABA eZine focuses to In-House Attorneys and New Partners

Just last post, I was talkin’ all about how I didn’t write about niche topics and stuff.

Well, this post comes with my introductory, profound apologies for being a downright, filthy liar, because here I am again, talkin' ‘bout, as far as you can tell from the title, issues of interest to in-house counsel and new partners.

Well, actually, now I don’t feel so bad, thinking twice: that’s a fairly broad spectrum of folks potentially to reach. And, the post last time, about intellectual property law, seemed to generate some decent buzz. Or, so my buzz machine told.

I suppose, if nothing else, that I am consistently inconsistent, and like the baby dinosaur on that old television series about dinosaurs, you 'gotta love me’.

And, if you’re in-house counsel, or a new partner, you’re really gonna love me, because I’m telling you to check out November’s issue of the American Bar Association Law Practice Management Section’s eZine, Law Practice Today. The November issue, accessible here, is literally made for you, and was just released a few days gone. As always, LPT (that’s what I’m abbreviating it to from here, because it makes it sounds like a rock band or a motor oil) takes a discrete subject, or subject areas, and breaks down component parts via discussion in the form of in-depth articles fashioned by industry experts. This issue being no exception, wide-eyed new partners can expect to learn about marketing and networking (including how to make pitches and how to market ethically), the potential pitfalls of partnership, economic considerations attached to making the move and managing the transition in. Settling in-house counsel will see articles addressed to them on topics such as business development and networking, ethics and liability risks, professional development and managing the transition. Of course, any sort of attorney may find value in this issue of LPT, drawn either from the general articles, or by extrapolation from issue articles. . . . Ah, that’s good. Aaaaand, we’re back.

And, lest I forget . . . you can also access Jim Calloway and Sharon Nelson’s ever-popular “Digital Edge” podcast series, available at every issue of LPT--only this time, it’s the annual “High Tech Toys for the Holidays” edition. So, be sure to check that out, as well.

If you’re experiencing a vague sense of déjà vu right about now, that may be because you’ve already seen this month’s edition of LPT. You see, if you subscribe to LOMAP’s emailing list, one of the things we do is send you an email version of LPT each month. If that sounds really awesome, and you’re not on the emailing list, do yourself a solid, and join. You can sign up for our emailing list, which features that monthly edition of LPT, as well as our quarterly eNewsletter, by completing the form available here.

Some Intellectual Conversation: Legal Talk Network Debuts New Podcast Covering IP Law

It’s a rare day here at the LOMAP Blog, that I write on a specific practice area. It’s probably become clear to you all by now that we almost never address specific practice area concerns. There’s reasons for that, to name two: (1) if I had to address every law practice management issue as tied to individual practice areas, I’d absolutely be committed within a months’ time; and, (2) I left practice for a reason . . . (imagine I’m whispering:) it’s not that interesting to me.

So, I’ve got to have a special occasion to discuss a practice area-specific matter, is all I’m saying. And, today, I do. (No, it’s not Christmas, yet. That’s just what the grocery store would have you believe.) In my tireless travels in and around Massachusetts, visiting attorneys, attending meetings and functions, etc., I’ve noticed that I have been running into more and more intellectual property attorneys, including patent attorneys. (I don’t quite know why. Perhaps these folks are leaving, or being forced out of, large firms; perhaps there’s a general desire among intellectual property attorneys to open up their own shops; perhaps there are more law students focusing on intellectual property as a career (probably a good idea) . . . but, whatever the reason, here they are, all these intellectual property attorneys, surrounding me. Maybe it’s just that I draw these folks, due to my obvious and deep interest in science. But, the reason doesn’t much matter, for my present purposes, at least, because . . .) Given this apparent, growing trend, I think it wholly appropriate that this blog becomes the temporary medium for passing along an excellent new resource for intellectual property attorneys of any stripe:

My friend, Peter Lando, principal of Cambridge, Massachusetts firm Lando & Anastasi, has recently begun recording and releasing, through Legal Talk Network, the “IP Counsel” podcast, which offers coverage of prevailing intellectual property issues of interest. Peter has long and distinguished experience in the field, as you can see for yourself at his firm profile page, and more generally, by checking out Lando & Anastasi’s website. (Note the sweet url. (Not that one.) Now, that, people, is intellectual property law in action, and at its finest.) The pilot episode of “IP Counsel”, released in September, focused on questions surrounding the definition of patentable subject matter, and featured as a guest Gary Ganzi, Vice President of Intellectual Property for Siemens Water Technologies Corporation. A second episode following, with guest Harry Gwinnell, Vice President and Chief Intellectual Property Counsel at Cargill, Inc., and addressing the practical question of intellectual property value creation, was released in late October. Peter has, thus far, featured a couple of high-profile and erudite guests, and has supplemented their conversation with his own engaging personality. With future episodes of this program in the offing, both intellectual property attorneys and those interested in the subject would be wise to catch this wave at its crest, and to gain the fresh insight of a new IP Counsel.

(Plus, I’m totally jealous, because Peter’s podcast intro music is jammin’, putting mine much to shame. (Hangs head.))

. . .

Liner Notes

I’m sort of also thankful for the “IP Counsel” podcast because it provides me with an excuse to write about songs that have been tied to intellectual property disputes. Now, this is directly up my alley.

Here we go:

“This Song” by George Harrison

. . . is about a case in which a judge decided that George Harrison’s “My Sweet Lord” infringed on the song “He’s So Fine” by The Chiffons. Read more here. Also, enjoy this creepy mash-up, in the spirit of Halloween.

“Ice, Ice Baby” by Vanilla Ice

. . . although this song samples the bassline from the Queen and David Bowie track, “Under Pressure”, the original song and composers were not so credited initially.

“The Old Man Down the Road” by John Fogerty

. . . was the subject of an eventual Supreme Court case, emanating from a suit by Fantasy Records, which claimed that Fogerty had plagiarized himself, and that the song “The Old Man Down the Road” was merely Creedence Clearwater Revival’s “Run Through the Jungle”, with new lyrics. Read all about the progress of the case here.

“U Can’t Touch This” by MC Hammer

. . . Hammer hurt Rick James, by borrowing, egregiously and blatantly, from (more like copying) “Super Freak”, without permission. The dispute was settled out of court, when James was credited on the song--but only after he stomped on Hammer’s couch with his muddy boots. Read more here.

This last reference is an instance of “sampling”. For more on the history of sampling in the music industry, see here.

They’re Not Worthy: Tips for Client Selecting

With apologies to Wayne and Garth, it is true that some potential clients are not worthy of your significant attentions. And, the sooner you find that out, the sooner you can cut bait, and run (or close to it), very much in the other direction, and far. Now, it’s not like clients are so many packages of brown eggs, selected for their freshness. (In fact, you’d probably want to pan for the least fresh ones.) But, you do have to think about how busy you are in proportion to the amount of wasted time any potential client is likely to make of your days.

There are two points at which you can effectively disincentivize, or disengage from, a client. Previous to this blog post, we have discussed a number of marketing topics hereat. A significant shadow topic within those discussions has been emphasis on the importance of marketing to your target client(s). One way, then, that you can effectively remove yourself from engagement with potential problem clients is to make sure that they never darken your doorstep. The way to do that is by marketing to target clients. Targeting your advertising means that you are more likely to hit your mark than if you don’t target means that you’re more likely to get the clients you want anyway, without having to sit down with rottening apples, spending your time with them then, to find out what your marketing might have already told you. Of course, no marketing system is perfect, and very nearly every act has unintended consequences. It’s inevitable, then, that some outliers will streak your door, some bad news, potential clients who nevertheless somehow get the wind of your exclusive marketing pitch, and against whom you’ll wish you painted lamb’s blood above your door.

What happens if these folks sneak through the cracks, and slink into your lowered office chair(s)? Well, that’s when the ladies from WANSS appear, to help.

WANSS is the Women Attorneys Network of the South Shore: here’s the website. (I like their acronym because it sounds like a whine. (NOT a shot at women. C’mon now, you know I love the ladies. Anyway, the group is not restricted to women--perhaps necessarily, as there is no MANSS counterpart).) WANSS is a tremendously effective networking group founded and managed by South Shore attorneys Leanna Hamill and Alexis Levitt. (I can vouch for the effectiveness of their meetings, my having, once, appeared to speak, which appearance gave rise to so many intelligent questions that I was left with no choice but to answer those queries via a long-form blog post (I know, What other kind is there?).) Leanna and Alexis were kind enough to pass along to me a handout on client selection from a recent meeting of theirs, which handout I felt was important enough to pass along to you, my faithful readers, and which handout, perhaps transparently, now, has given rise to this blog posting:

The WANSS “Client Selection Tips” handout is available at this drop site. In addition to red flags, the WANNS tips also provide for some green flags (= the universal language of go, alright!), advice for how not to take a case and on how to fire a client, and links to some useful sample forms.

Also of interest, and referenced within the WANSS tips, is Matt Homann’s Client Worthiness Intake Scale, linked back there, for your pleasure.

Don’t say I never did anything for you. Now you’ve got information on how to avoid taking bad clients, and how to get out from under them, if you do take them.

Of course, I haven’t done any of the work here, and nothing worth valuing do we ever accomplish on our own anyway. So, I must give due credit, much propers and my gratitude to Leanna Hamill, over at WANSS, for passing this handy information along to me.

. . .

If you want more information respecting WANSS, or wish to join, go to their website, accessible here.

Guest Post: Selected Tips for Paying Attention to Details in Legal Writing in the Electronic Age

We are pleased to welcome this guest post from Kenneth Reich, written on a topic so far unique to the LOMAP Blog: legal writing. Mr. Reich offers mentoring services to attorneys with various levels of experience. (For more on Mr. Reich, you may view his profile, at his website.) During his career, Mr. Reich has served as a mentor to law firm associates, junior government colleagues, recent law school graduates and law school students; he enjoyed these experiences so much, in fact, that he has established a mentoring consulting service as an adjunct to his continuing law practice. Mr. Reich provides mentoring on a group and individual basis, with a focus on: the development of practical skills; the provision of advice in specific matters, including substantive advice in areas of Mr. Reich’s practice; business development advice; and, career counseling.

. . .

To write effectively, as to practice law effectively, means paying attention both to substance and details. Unfortunately, a badly written memo to a partner, or a poorly written brief to a court, detracts from the merits of your position and leaves a permanently bad impression. Moreover, the electronic age has provided a multitude of tools that, if not used properly, can tarnish an otherwise well-written document. The following are selected tips for paying attention to details in the electronic age:

(1) The computer is merely a means of translating ideas to print. Don’t let it become a substitute for a detailed outline and thoughtful drafting.

(2) Spell-check is only a tool. Don’t lean on it as a crutch, or you could end up with a sentence like this: “Wear you live may influence what you where.”

(3) Check the title of the pleading against the title in the certificate of service in the final draft--computer memory can be your worst enemy. The same applies to the caption.

(4) Check your cites, including the text of the cites. Then, check again.

(5) Write no less than two, and as many drafts as are necessary, until you are satisfied that your document is ready to be filed in court or given to the other side--before presenting it for review by the client or your supervisor.

(6) Print off drafts for review--reviewing on the computer screen risks that you may miss both the big picture and the small details.

(7) You can never be too careful.

When you’re crafting legal documents, you need not rely solely on yourself. Apply general writing resources that can be useful for any attorney. There are still few good substitutes for a good dictionary and thesaurus.

Conclusion

Paying attention to details in writing is as important as getting the arguments right. It is actually more important, because misspellings or other errors of detail will leave the impression on the reader that you are not careful, or worse, not trustworthy. A poor first impression will inevitably cause the reader, consciously or unconsciously, to give less credence to the merits of your position. The same advice applies whether the document is being provided to a partner for review, or submitted to a court for filing. Check and check again.

Part II: More Considerations in Creating a Website Using WordPress

When I wrote about Basic Considerations in Creating a Website Using WordPress, I promised to share some particular, hopefully useful, tips to assist you in setting up your website using WordPress.

So, let us begin with the most immediately noticeable feature on your website: the Header. Your header image has to match the pixels specified in your theme before you upload it. GIMP is the easiest way to make the necessary adjustments.

Next, while every Theme is different, most will have a sidebar, or two, perhaps a footer, etc. for your Widgets. From Appearance > Widgets, there is a convenient drag & drop interface for arranging your Widgets. First, note that you can stack widgets within one Widget Area. Second, note that if you alter the settings on a Widget, e.g. entering html into a Text Widget, you will lose those settings if you want to remove it temporarily and accidentally drag & drop it back into the Available Widgets area rather than the Inactive Widgets area.

Now, I have seen quite a few articles that recommend useful Plug-Ins, the most comprehensive of which is from Social Media Examiner. In addition to that list, I have found the following Plug-Ins most useful for our purposes:

SGG WordPress Google Audio Player: Simple, easy, nothing fancy.

FBLikebutton, and FB Share Button: I’d recommend using both, and adjusting the settings so that you have one at the top of each page and the other at the bottom of each page.

Twitter Button: Twitter’s official tweet button.

In creating your Pages, observe that you can easily select Parent Pages and rearrange the order of all Pages. And while the content of those Pages will be unique to your individual purposes, I have a couple recommendations that should apply to most. First, think about grabbing html that has already been generated by third parties. For example, you may want a Facebook Like Box rather than just a simple link to your Facebook Page. And, Follow Me on Twitter buttons (two side notes on Twitter buttons: Twitter isn’t the only provider of html for these buttons—I just find them classier, and, there is a small link to get “Follow Us on Twitter” below the buttons provided. You can also take advantage of Google Calendar buttons for your events.

Second, when linking to an external site, include html that opens a new window when the link is clicked (i.e. target="_blank" following the url), if you want people to stay on your website longer.

And, finally, if you choose DreamHost to host your WordPress website, you will want to bookmark this website, for reference if (almost certainly, when) you notice that your website is down. You can also check your DreamHost Panel for announcements, and follow @DHStatus on Twitter. Those, right there, are the sources I check when our website is down and I have to reassure Rodney and Jared that it was not my fault.