This is WHY the ABA wants new rules to regulate online lawyer marketing

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world's tackiest lawyer ad everLast week, I joined the chorus of attorneys who strongly object to the ABA’s proposal to promulgate new rules regulating what attorneys can do on the Internet to market their services.

This weekend, I saw a video of a TV commercial by Florida divorce attorney, Steven D. Miller and thought I might have been hasty. The video, which someone put on YouTube with the caption, “Tackiest Lawyer Ad. . .Ever,” is a prime example of why the ABA is considering new rules. Watch and you’ll see why.

[mc src=”http://www.youtube.com/watch?v=y1Qk6QPzuIc” type=”youtube”]Tackiest Lawyer Ad Ever[/mc]

Wait. It gets better.

The web site for Mr. Miller’s practice is. . . (are you sitting down?). . . “DivorceDeli.com“. Yep, you can look at their menu, call or click, and order your divorce. “Would you like pickles with your restraining order?”

I’m pretty open minded but let’s face it, this commercial and the entire “deli” concept is in very bad taste. It reflects poorly on all lawyers. One subscriber to this blog wrote to say he was against lawyer advertising of any kind because of the negative impression lawyers’ TV commercials have on juries and this has to be “Exhibit A”. But as ugly as this is, I still don’t want (or think we need) more rules.

I don’t want to legislate taste. I don’t want to outlaw embarrassing behavior. I don’t want to be told what I can and cannot do. And, unless it is the only way to prevent serious, irreparable harm, I don’t want to tell anyone else what to do.

Mr. Miller obviously does what he does because it’s working for him. God bless him. He’s serving a segment of society that might otherwise be denied access to the legal system because of their lack of funds (or good taste). I disagree with his approach but I must defend his right to do what he does without interference from the ABA or anyone else.

So, whether you laughed at this video and web site or recoiled in disgust, I hope you’re with me. If you agree that despite examples like these, we don’t need or want additional regulations, please tell the ABA.

Comments should be sent to: Natalia Vera, Senior Research Paralegal, Commission on Ethics 20/20 ABA Center for Professional Responsibility, 321 North Clark Street, 15th Floor, Chicago, IL 60654-7598. Phone: 312/988-5328, fax: 312/988-5280 and email: veran@staff.abanet.org. The comment period ends on December 15.

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Getting started with online video–so simple, even an attorney can do it

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youtubeOnline videos are easier to create than you might think. The video below shows you what I’m using to create my first online videos and how I’ve been able to use them to drive a lot of free traffic to this web site.

If you know of any resources I missed, please leave a comment. And please share on Twitter (Facebook, et. al.)

[mc src=”http://www.youtube.com/watch?v=Li111bDWyow” type=”youtube”]Getting started with online video[/mc]

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Attorney Turns Director–Debut Film Exposes American Bar Association Plot

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David S. Ward is the Hollywood writer and director of “Field of Dreams,” “The Sting,” and many other amazingly successful films. I never met the man but when I lived in Beverly Hills I would sometimes get calls from his fans, telling me how much they enjoyed “my” latest movie. I confess to having a lifelong dream of writing novels and screenplays but for years, David M. Ward has lived in the shadow of David S. Ward.

Not anymore.

Today, my dream has become reality as I am now the writer, producer and director of my first motion picture.

Last week, I found out from Larry Bodine that the ABA wants to regulate marketing on the Internet. Big Brother wants to control just about everything we do online. According to Larry, the proposal would have a chilling affect on every aspect of attorney marketing:

  • Online social networking (Facebook, LinkedIn & Twitter)
  • Blogging
  • Facebook and Linkedin profiles
  • Pay per click advertising
  • Gathering information through networking websites
  • Discussion forums
  • Lawyer websites
  • Use of case histories on law firm websites

Tom Kane echoed Bodine’s concerns and I do too.

We have enough rules. Too many rules. Unnecessary rules. We are regulated, micro-managed, watched, and warned, by the very organization that is supposed to represent our interests. True, the ABA has no direct jurisdiction over us but they wield tremendous influence over the bar associations that do.

Enough is enough

I decided to do something about it. This film, “The Convention,” is an urgent message to all attorneys to rise up and tell the ABA, “we’re mad as hell and we’re not going to take it anymore!”

And now, I present to you, uncensored and uncut, “The Convention”:

[mc src=”http://www.youtube.com/watch?v=93lmTepypqU” type=”youtube”]The Convention: A young lawyer attends his first ABA Convention[/mc]

Okay, just having some fun but this is a very serious subject. I urge you to write to the ABA and tell them to keep their hands off. The cut off for discussion is December 15, so please voice your concerns and tell your colleagues to do the same.

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Other ways lawyers may use social media (besides marketing)

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Lawyers are usually not early adopters. Although more and more lawyers are using social media for marketing, many others feel constricted by their employers’ policies (i.e., firms that insist the attorney promote the firm instead of themselves), by concerns about ethical issues, or, simply, by their natural tendency to “play it safe”.

Many attorneys who have no objection to using social media but are either overwhelmed by the myriad of choices or (believe they) just don’t have the time.

I see social media as nothing more than an electronic extension of the “real world”. It’s still just communication with people you know and people you want to know. We’ve been networking all our lives; why should networking online be any different?

True, the Internet provides reach and permanency that do not exist at a Chamber of Commerce dinner, although the presence of cameras on our phones tends to blur that distinction. But if we mind our P’s and Q’s (does anyone use that expression anymore?) it isn’t difficult to stay out of trouble. And let’s face it, it’s a lot easier and less time consuming to interact via your iPhone than it is to press the flesh, although, arguably, not as effective.

Whatever your viewpoint and experiences with social media, one thing we can all agree on is that it’s here to stay. Like any trend that changes the way people communicate, we ignore social media at our peril.

Social media is starting to be used as evidence, for example.

So, like it not, use it not, we all have to pay attention. Experts say, “lawyers already tuned into social media are not only on the right track, but will have a head start on the competition.”

How about you? How are you using social media in your law practice? Please add your comments below.

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Posting to two twitter accounts: what do you use?

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posting to two twitter accountsI have two twitter accounts, one for The Attorney Marketing Center and one for my personal blog (about network marketing and internet marketing). It’s more work to have two twitter accounts, but attorneys who want information about marketing their legal services is a completely different market from internet marketers, and thus, two accounts

Follow me on twitter and I’ll follow you back (if you have something intelligent to say–kidding. . .).

I’ve been using ping.fm to tweet for one account and to simultaneously post facebook status updates. I don’t see a way to use ping.fm to update two twitter accounts, however, and am looking for an alternative solution, both for desktop and my iPhone. I’m looking at tweetdeck and hootsuite, among others.

What do you use and recommend for posting to multiple twitter accounts? Add your comments to this post (and re-tweet it!)

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How lawyers are using social media marketing

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Lawyers are starting to use social media in a variety of ways only one of which is marketing. Twitter, Facebook, LinkedIn, and other social networking platforms, make it easy to find prospective clients and referral sources, as well as other opportunities to grow your practice.

It’s easy to find people online who write for or consult with people in your target markets and it’s easy to approach them (“friend,” “follow”). If you’re not networking online, you’re missing out on a simple, inexpensive, and effective way to grow your practice and otherwise further your career.

I know. I resisted doing so for a very long time.

Then, I discovered Facebook and realized it’s not just a site for college kids. I spent time watching what others were doing and learned what to do (and what to avoid) to meet more people online and do business with them. I’ve made a lot of new friends on Facebook and re-connected with some old ones from high school and even earlier.

I set up a Twitter account, but didn’t use it. I just didn’t “get” it. I do now.

I’ve been blogging for a couple of years now, and this I do get. I just started working with a lawyer and went to her web site for a quick take on what she’s doing. Well, one of the first things I will suggest to her is to add a blog. I believe it is the single most valuable thing a lawyer can do to market their law practice online.

If you’re new to the world of social media (marketing) I can tell you that the individual components–the various sites and resources that are available to use–are relatively simple to understand and begin using, but if you’re like me, you won’t appreciate their power until you have a better understanding of how they all fit together.

Over the weekend, I read “Crush It!” by Gary Vaynerchuk. The book provides a fascinating look into a bigger-than-life personality and a road map for creating a brand and monetizing it via social media. I was surprised at how much I knew (and was already doing) but I also learned a lot. More importantly, the book made me think about my brand, my “DNA” as Vaynerchuk describes it, something every professional needs to think about, no matter what kind of marketing they use.

Another valuable lesson is the importance of being yourself. That’s sometimes hard for professionals to do, but it is our authenticity that makes us simultaneously unique and attractive to the people in our niche.

The bottom line is, once you create your own brand and use social media to connect with people in your niche markets, you will not only do a better job of selling yourself to the world, you will also attract a lot of business via the Internet traffic that is a natural byproduct of the social media network.

Educate yourself and get started. Social media is here to stay and if you take it one step at a time, it is not only remunerative, it’s a lot of fun.

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You wouldn’t be reading this if I didn’t have a blog

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I talk to a lot of lawyers who tell me they don’t have time for blogging or marketing on the Internet (or any marketing, for that matter). You’ve heard me say it before, marketing is the most important part of building a law practice.

I don’t care how good you are at practicing law, if you don’t have (enough) clients, you’re going to starve. And while your reputation and the natural referrals that flow to you as a result of doing a good job for your clients cannot be discounted, if you aren’t regularly engaging in marketing-related activities, you’re making a big mistake.

Marketing will bring you

  • More clients
  • Better clients
  • Better paying clients
  • More time (by hiring and/or outsourcing more lawyers and staff)
  • Writing and speaking assignments (that further build your reputation and bring you more clients, better clients, etc.)
  • Do I need to go on?

In the online world, you need (a) quality content, in (b) sufficient quantity, to attract (c) more traffic to your web site. People come, they see you as an authority who offers value (good content), and they (a) hire you, (b) refer clients, and/or (c) opt-in to your newsletter or other lists whereby you can stay in touch with them until they are ready to (a) hire you, or (b) refer clients.

But that’s just for starters. The traffic you generate to your blog who like what you have to say will tell others about you and your blog and those others will, in turn, (a) hire you, (b) refer clients to you, and (c) opt-in to your lists whereby you can stay in touch with them until they are ready. . .

And (and this is the big point) those visitors do the same. On the Internet, the growth of your web site and your practice is geometric, as this recent article explains. More begets more and if you’re not leveraging this opportunity for growth, you are missing out.

And so instead of saying, “I don’t have time. . .” you should be asking, “How can I find the time. . .”, because once you’ve made that transition, you will find the time. We all have 25 hours a day (God gave lawyers one extra hour) and we cannot manage time, all we can do is manage our priorities. When your priorities change, so will your schedule.

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How to get clients by email; the right and wrong approach

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I just got an email from a investment company representative that is a classic illustration of the WRONG way to use email to generate new business.

Hi David,

My group wanted to reach out to you to see if you have any interest in our services.

We are an independent, fee-only investment advisor with a proven track record and compelling value proposition. We have a sophisticated investment process that combines individual bonds and equities/ETFs to produce a tax sensitive, highly liquid, totally transparent, risk managed portfolio. Our philosophy is grounded in academically proven methodologies. We don’t do broker talk, just easy to understand investing.

Our CIO was formerly an executive corporate risk manager at BIG COMPANY, and a MAJOR UNIVERSITY grad and CFA. We have a solid understanding of not only equities and bonds but also foreign currency and interest rate risk management. We have retained over 95% of our clients over the last 5 years.

I wanted to see if you were open to exploring opportunities with us? Perhaps I can email you a 1 page breakdown about our firm, bio’s and performance?

Apologize for the email intrusion, however we believe it’s a less intrusive way of an introduction.

Best,

Name
Managing Director
Company Name

Okay, what do you think? Is this likely to bring in any business? What would you do differently?

I’m not concerned that it’s unsolicited. It’s okay to approach prospective clients or referral sources to introduce yourself in an unsolicited email. But you’ve got to do it right and the first thing that’s wrong with this email is it seeks to do much more than that and takes too much for granted about my interest in using this company’s services.

Too much, too soon.

Selling investment services is like selling legal services. It’s a process, over time. It’s based on a relationship between the professional and the prospective client or referral source and trust is integral to that relationship. Trust takes time and must be earned. (It can also be borrowed from a mutual contact who refers the parties).

Before marriage there is courtship and before courtship is the first date. You haven’t even asked me out but you want me to meet your family?

Too much, too soon.

So what’s a better offer? How about information that could help me save or make money, like a report or mp3 or newsletter with investing tips, strategies, or predictions? Or, how about an invitation to a free tele-seminar or web-inar? This would not only provide value it would also allow me to identify myself to you as a potential prospect for your services.

Offer something I want and I can have without a big commitment or a sales pitch. Make it easy for me to say yes.

(There’s another benefit (to you) of offering valuable information: it gives you an opportunity to demonstrate your expertise, which is much better than you simply proclaiming it.)

An offer must contain a benefit. What’s in it for me? What do I get out of it? Had this email offered valuable information I may have been interested in receiving it. The door to our relationship would have opened. You would have gotten my attention and eventually, over time, as trust is built, we might begin courting.

Another problem with this email is that it’s all about you–your firm, your experience, you, you, you. Talk to me about me–my concerns, my desires, my portfolio. I’m interested in my life, not yours.

Show me made an effort to learn something about me and what I do, perhaps a comment about my blog . I know it’s a form letter but if you had made any effort to personalize it, you’d have a much better chance of getting my attention.

Marketing is common sense. If we met in person, what would you say to get my attention? What would you offer that might make me interested in speaking further?

Emails like this make me think that common sense isn’t really that common.

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How to market legal services on Facebook

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Facebook is a great place to meet prospects and potential referral sources. With a few clicks, you can find and connect with exactly the kinds of people you’re looking for, at no cost whatsoever. The ease with which this can be done, however, too often leads otherwise smart professionals to do things that actually chase prospects away.

Facebook is not an advertising medium, it is a networking medium, and the rules of networking are the same online as they are in the “real” world. Use Facebook to meet people, just as you would at a Chamber of Commerce or Rotary event, and then build a relationship. It’s okay to let them know what you do–that is what people do when they meet, after all. It’s not okay to assault them with self-serving promotional messages.

Just as it’s easy to add friends on Facebook, it’s just as easy for them to block your messages or delete you. Understanding and applying a few simple rules of networking etiquette will go a long way towards helping you use Facebook and other social media sites to build your law practice.

Make your profile about you. People want to be friends with real people, not companies or products or causes. Use your real name, and provide information about yourself–what you do, what you like, where you have been, what you think about the world.

You can describe your practice in your profile and add links to your web sites. Think of this area as your online business card. If someone wants to see what you do, they can look in this section. If they want to know more, they go to your web sites. You can also establish a fan page or group for your practice and link to this from your profile.

Your profile photo should be, not surprisingly, a photo of you. Photos of your dog or a pretty sunset can go in your photo album, but when I’m considering a friend request, I want to see who’s asking. Use a decent head shot and don’t clown around. You really do have only one chance to make a first impression.

Be appropriate. The world is watching –and judging you. If you use inappropriate humor, if there are photos depicting you as inebriated, if you are too extreme in your viewpoints–these can all have serious negative consequences.

Use spell check. Use correct grammar. Be judicious in your use of emoticons, abbreviations, and slang. Your real friends may not care about any of this but I can assure you, many of your business prospects do. All they have to go on is what they see on your page, so be careful about what you post.

As for invitations to join your cause or attend your event, please be aware of how your friends might perceive you in light of your activities. Are you involved in anything ill-suited to your profession or the image you wish to portray? Are you always playing games or taking surveys and, seemingly, never working?

Don’t advertise. Don’t post an ad (or a link to your website) on someone’s wall. Ever. Disguising it as an offer for a free ebook that is part of your sales process doesn’t fool anyone. Don’t do it.

Look, you wouldn’t like it if someone came to your house and stuck a sign in your lawn advertising their services, so why would you think anyone wants your ad on their Facebook property? If you post an ad on my wall, I will delete it. If you do it again, I will delete you.

The same goes for email. If I accept your friend request and you immediately send me messages about your product or service, that’s a big turn off. You might have something I want, the best price, the greatest service, but don’t be surprised if I don’t buy from you.  It’s not quite spam, but it’s close, so don’t do it.

Your status message is different. It’s on your property–I only see it if my settings so allow. But don’t abuse this by posting a never-ending stream of promotional messages. Once in awhile is fine. Do it every hour, like I see some people do, and we’re done.

I change my status message usually once a day. That works for me. It’s okay to change yours several times a day, but make sure you have something meaningful to say. Some say it’s okay to make your status posts two-thirds about you, one-third about your business or offers. I say that’s too much advertising. There are other, more subtle ways to spark interest in what you offer. (See below.)

Add value. Your profile, your status updates, your notes, your videos, your comments on others’ posts, should be perceived, by and large, not as self-serving or frivolous but as adding value.  That doesn’t mean you can’t let your sense of humor show or that everything you do must render a benefit. It does mean that you should show people that you have something to say and something to contribute to the relationship.

You can offer tips and advice, share resources, or describe interesting experiences. I  try to post an interesting quote every week day, and I post occasional videos and links I believe my friends would like to see.

You could write articles (“notes” on Facebook), and provide helpful information. This note is an example. When you post articles, not only do your friends see you as making a contribution, they also get a demonstration of your expertise.

By contrast, updates about the sandwich you just ate or the movie you watched are of no value to anyone unless they come with a meaningful recommendation. I don’t care that you are walking your dog or checking your email. You wouldn’t call me on the phone and tell me these things, so why tell me online? Someone who posts something merely for the sake of posting isn’t adding value, they are simply adding clutter to an otherwise over-cluttered Facebookisphere. [I just coined that word; feel free to use it.]

Adding value also means making an effort to patronize your friends’ businesses.  You’d do that in the real world, wouldn’t you?  And if you can’t hire them or buy something yourself, provide referrals. When you do that, you help two friends and earn the gratitude of both. Be a matchmaker. If you have a friend who is looking for a new employee, for example, and you have another friend who might be a good fit, introduce them.

Add value and people will want to be your friends. Waste people’s time with meaningless information and you might soon find that when you do have something of value to offer, nobody’s listening.

Be yourself, but be normal. Don’t hide your personal side. The things you do for fun–hobbies, games, surveys, widgets you post on your page, and so on, define you and make you interesting. When your friends see they share those interests it can strengthen your relationship. But if you are on Facebook to build your business, you must establish a balance between your personal and business identities. When in doubt, always lean towards your business persona.

In the real world, if you came to my office and I threw a sheep at you or gave you photo of a chocolate martini, that would be weird, wouldn’t it? And yet that’s what people do online. Look, I do silly things on Facebook. I’m opinionated and have a profoundly warped sense of humor and I like to stir things up from time to time. But the majority of my Facebook friends who have an opinion of me would, I think, describe me in positive, business-like terms.

A little flair now and then is interesting. All flair, all the time, is clownish, and people don’t do business with clowns.

Friends first. There is a maxim in marketing that says, “All things being equal, people prefer to do business with people they know, like, and trust.” Be that person.

“How To Win Friends and Influence People,” written decades before the father of the founder of Facebook was born, offers great perspectives on how to do business on Facebook.

Dale Carnegie counsels us to focus on other people,  not ourselves. Talk to your Facebook friends (through messages (email), IM (instant message), and, eventually, by phone and in person) about themselves. Ask questions and listen. Let them do most of the talking.

What do they want in their business or personal life? What problems do they wish to solve? Look for ways you can help them. Provide advice or information or referrals, if you can. Just listen if you cannot. Again, that’s what friends do.

If your services can help them solve a problem or obtain an objective, offer them. If not, don’t. And if you do offer them and they aren’t  interested, drop the subject. They may come back to you some day, when they are ready, or they may not, but they will never hire you if you pushed them or annoyed them to the point where they deleted you.

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Is social media a fad?

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[mc src=”http://www.youtube.com/watch?v=sIFYPQjYhv8″ type=”youtube”]The social media revolution[/mc]

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