Internet Marketing

Published on: August 5, 2013

NY Says LinkedIn “Specialties” Verboten for Law Firms; Attorneys? Sometimes, but mostly NO.

If you’ve attended any of my Internet marketing ethics CLEs since I started teaching them in the late 90s, you know I said this was coming. Remember when my prime example of social media was a MySpace profile? Yeah, things have changed a bit. But concern about the content in unforeseen online content has always been something I examine in writing and reviewing law firm marketing efforts.

On June 26, 2013, the New York State Bar Association Committee on Professional Ethics issued Opinion 972, which in a nutshell says that “a Law firm may not list its services under heading of “Specialties” on a social media site, and lawyer may not do so unless certified as a specialist by an appropriate organization or governmental authority.” The opinion cites adherence to RPC rule 7.4.

In most cases and most states, I’ve discouraged attorneys from utilizing the “specialties” category for some time. In some cases, I suggest doing so with an added disclaimer pointing to the RPC. However, this is the first ethics opinion I’m aware of that really addresses the particular issue head on.

Published on: July 24, 2013

Law.com : Deciding whether law firms should have an app for that

by Micah Buchdahl

In the July 23rd issue of The Legal Intelligencer, an American Lawyer Media publication, reporter Gina Passarella writes on the topic of “Deciding whether law firms should have an app for that.” Ms. Passarella quotes me extensively on the use and development of apps in the law firm marketplace.

The article discusses a recent app launched by Fox Rothschild family law attorneys Eric Solotoff and Eliana Baer, where they compare the launch of the iPhone-enabled app versus blogging and social media–as marketing tools. Another app example highlighted is that of West Virginia-based Spilman Thomas & Battle for labor & employment, and Cleveland-based Benesch Friedlander‘s recruiting app.

Some of the “original” law firm-launched apps include those from Delaware’s Potter Anderson and multiple apps from Morrison & Foerster. I will discuss the use and development of law firm apps in my August 2013 Web Marketing Today column. Every firm wants one now…it is a matter of whether it makes sense. But most importantly, do you have an app concept that truly benefits your target audience? Most think it is just cool. And it is. But it needs to make sense for the firm and the practice. Otherwise, use the money for a fancy lunch–and get something in return for the expenditure.

Published on: July 22, 2013

WMT: Law Blogs – Free Speech or Marketing? Hunter v. Virginia Bar Concludes

by Micah Buchdahl

It seems like I’ve been writing and speaking on Hunter v. Virginia State Bar for years! And that is because I have. But, alas, now it has come to a close with the United States Supreme Court once again deciding not to hear a case regarding attorney advertising regulation. One of these days, though!

With “cert. denied” just last month, I thought it was a good time to review the case in my monthly Web Marketing Today piece. I found the case fascinating on a number of fronts. There were components in which I found myself agreeing in part with both sides. While I did not always agree with Horace Hunter, I found his no-holds-barred desire to stand on principle–despite enormous time and cost–valiant. He believed that he had a right to free speech, and he also felt that the Bar was picking on the little guy. As I note in the piece, most attorneys and law firms would have simply capitulated to the original correspondence from the state bar. Not here. Hunter never backed down and openly spoke about the matter through years of litigation. You can argue that both sides won something.

On the flip side, I did agree with the Virginia Bar in viewing the blog through the lens of advertising regulations, simply because I did not think this particular state’s rules really hampered Hunter’s blog and content. In some states, I might not feel as strongly toward that point of view. But the reality is that state bars are simply not equipped to start parsing the gray areas that exist in today’s world of Internet communication–changing rapidly. Way too rapidly for the Rules of Professional Conduct to keep pace with the nuances.

Published on: June 27, 2013

WMT: Legal Reminders for Online Businesses

by Micah Buchdahl

To start the second year of my monthly contributions as the voice of the legal profession on internet marketing issues for Web Marketing Today, the publishing team asked me to take off the marketing hat and hang my lawyer shingle for their significant small business readership and tackle legal issues that many of them face online.

There are so many legal precautions and potential issues that small businesses face on the World Wide Web, whether the business is purely virtual and online only or is the online marketing voice of a traditional store front.

Ironically, these issues have come into play during my many year studying Internet law, as I often discussed with my law firm business development clients that they needed to show clients and prospective clients (whether it was a consumer, mom and pop shop, small business or Fortune 500 corporation) that they knew how the web and technology worked–since they were often advising businesses on Internet-related issues–which often were new and uncharted legal waters for most.

Published on: May 28, 2013

WMT: Facebook for Lawyers — “Like” It?

by Micah Buchdahl

As part of my monthly contributions to Web Marketing Today, I’m slowly working my way through the major social media sites. I started with LinkedIn, which has the most relevance to the most attorneys. In future months, I’ll tackle Twitter. But this month, I address what is arguably the most powerful website on the planet–Facebook. Search Engines aside (i.e. Google), there is simply no website with more users and higher traffic. And, let’s be honest, how can you do serious internet marketing and not be on the biggest site?

So, is Facebook right for you and your law practice? READ ON…

Published on: May 27, 2013

California State Bar Discusses Lawyer Website Warning Labels

by Micah Buchdahl

Recently, a California State Bar committee discussed a controversial proposal that would put a red warning label on attorney profiles for those facing disciplinary charges. This would take the concept of a website disclaimer to new heights. Only in California. Actually, I’d say only in Florida. But, indeed, this comes out of the left coast.

The proposal came from State Bar prosecutor Jayne Kim. It prompted an outcry from defense attorneys that felt accusations that had not been fully litigated and proven in court would lead to a serious hit on a law firms’ business.

The state delayed voting on the proposal until after a 60-day public comment period. Kim had argued that it was unnecessary, claiming it was simply an extension of a 2011 policy that required consumer alerts on profiles of attorneys formally charged with misappropriation of client funds or improper loan modification activities.

Published on: April 26, 2013

WMT: Today’s Best Law Firm Websites

by Micah Buchdahl

When creating the “Internet Marketing Attorney” moniker in 1997, I would scour the web for the most innovative law firm websites, eventually rating and ranking them in five categories–design, content, usability, interactivity and intangibles. If you were listed among the 250 largest U.S. law firms, you were then ranked accordingly. Many small and midsize firms from around the world submitted themselves for consideration as well, and while I did not review all of them, I also had the annual Nifty Fifty list of innovative legal website components. But times changed and just like technology, I had to adapt.

There were three key factors that led me to stop presenting the IMAs–as they are known throughout the legal industry. First, the large law firm sites become homogenized. There were so few substantive differences to the sites that it made finding those differentiators quite difficult. I would write the same notes and comments over and over again. Second, my “for-profit” business (HTMLawyers, my law marketing consultancy) did not provide enough free time to properly conduct these evaluations. Because I never solicited those law firms I reviewed, it was a great branding tool but not necessarily a revenue generator. My time was always “sold out”, but it was tough to equate new business with the time needed for the IMAs. Finally, any free time or “down time” is now owned by my children–who do not find law firm websites all that fascinating. Luckily, my monthly contributions to Web Marketing Today allow me to continually monitor and teach best practices for law firm internet marketing.

Which is a long-winded way of introducing this month’s WMT column, Law Firm Websites: A Developer’s Review, where in essence I turn the tables slightly by asking the web site developers to tell me what site they like best and why (obviously, their own handiwork). I invited some of the more prominent names in law firm website development to participate–just give me a site and what makes it special. The end result is a handy tutorial for any law firm looking to identify key components for their next website.

Published on: March 19, 2013

WMT: LinkedIn for Attorneys

by Micah Buchdahl

For lawyers, there is so much more to LinkedIn than creating a profile, getting some connections and joining a few groups. The real value of participation is from the other products and services they offer. In this month’s Web Marketing Today column, I try to address some of the components that go “beyond the basics.”

Personally, I probably don’t use LinkedIn the same way as many other marketing professionals or attorneys. I find the tool extremely valuable–but more as a super-powered directory of contacts for lead generation, competitive intelligence and a better source of data about people and companies. I find it very useful when following up with someone, learning more about a business card picked up at a networking function or refining a list of prospective clients. Others, however, spend hours on end building a network and doing a slightly more sophisticated method of cold calling.

As noted in the column, there is no disputing the power of LinkedIn. It is the second search result when looking myself up on Google–behind only my own website. With 200 million-plus users, there is a pretty good chance that the professional I’m looking for is in the network. He or she may have a skeletal profile and three contacts–but they are there nonetheless.

Published on: March 16, 2013

Hunter v. Virginia State Bar: The Blog Debate Continues — Disclaimers are a must

by Micah Buchdahl

On February 28th, the Virginia Supreme Court held that a disclaimer was required under the state’s advertising rules when posting results on a website. This is the latest outcome in the seemingly never-ending battle between Horace Hunter and the Virginia State Bar. This has been a widely watched case among ethics attorneys like myself that follow the bouncing ball of state bar advertising restrictions and first amendment scholars looking at the “free speech” argument. Is the next stop the U.S. Supreme Court?

Last April (2012), I was part of an ABA CLE panel that discussed “Is Your Legal Blog Compliant? Ethical considerations in the wake of Hunter v. Virginia State Bar.” The panel included Mr. Hunter, myself, employment law blogger Molly DiBianca and noted Virginia ethics attorney Tom Spahn. We discussed and debated the many issues in the case. It is effectively a case of first impression in the law blogosphere. That was prior to the case heading up the ladder to the state supreme court. Read more about the program in Your ABA’s e-news–Blogs can be legal minefields.

Blogs have been around since the late 1990s, yet this cyberspace battle in Virginia is the first real challenge by a state bar to the often cloudy areas of interpretation. Is a blog advertising, marketing, editorial, personal, or business? Where does the First Amendment end and the Model Rules of Professional Conduct begin? Should a state bar look at a blog as marketing or something else?

Published on: February 22, 2013

WMT: Law Firms Embrace Video for Online Marketing

by Micah Buchdahl

In this month’s Web Marketing Today column, I discuss the uses and value of video as an Internet marketing tool for attorneys. Video provides both enhanced web content as well as improved search engine optimization results.

Among the things that have changed in video production over the last five years or so is the importance of making sure that the quality is there. Lawyers should not look like they are facetiming each other on an iPad. That is left for my kids harassing relatives with video chat. Getting seasoned professionals to produce, tape and edit is critical.

My column discusses the ABA Golden Gavel Video Awards, created by Infinite PR‘s Nicholas Gaffney. I also talk about web video marketing tools such as those developed by TheLaw.tv and an example of law firms moving often-stilted webinars to a polished video product. The use of video impacts every type of law practice. Brown Rudnick’s Charitable Foundation uses video to enhance the site for their Center for the Public Interest.