Lawyers are incredibly cautious and risk adverse. When it comes to blogging, Tweeting, sharing of information, there is still a large camp out there that is more concerned about their competition running across their information than they are about their current and potential clients doing so.
Your website and blog provide you with an opportunity to showcase your work product, to tell your story, to “spin” your message to your advantage. Why not take this opportunity to not only educate your current and potential clients, but allow your referral sources, influencers and press learn what an incredible attorney you are, and what successes you have achieved?
Rather than say you have tried 52 cases to a verdict, why not list the cases with a hyperlink to the final ruling providing a quick description of the case beyond the name, rank and citations?
If you are an “expert” in class action defense, which you can’t say due to bar association rules, why not highlight that experience by commenting on recent cases (and not necessarily your own), legal issues, legislation and trends affecting your clients’ industries, business concerns, and the court room in general?
And, when you’re called upon as a leader in your field of practice to speak at or chair a conference, make certain that you not only include those speaking engagements, but hyperlink to the conference and conference materials. Same thing goes when you’re quoted in a press article, or participate on an Internet radio program.
Yes, I know that there is a “risk” that your “competition” might run across those materials, articles, etc, but that also means that your “potential new client,” “reporter” or “influencer” might also do so.
(image via Art of Conversation)

Lawyers are incredible cautious and risk adverse. When it comes to blogging, Tweeting, sharing of information, there is still a large camp put there that is more concerned about their competition running across their information than they are about their current and potential clients doing so.
Your website and blog provide you with an opportunity to showcase your work product, to tell your story, to “spin” your message to your advantage. Why not take this opportunity to not only educate your current and potential clients, but allow your referral sources, influencers and press learn what an incredible attorney you are, and what successes you have achieved?
Rather than say you have tried 52 cases to a verdict, why not list the cases with a hyperlink to the final ruling providing a quick description of the case beyond the name, rank and citations?
If you are an “expert” in class action defense, which you can’t say due to bar association rules, why not highlight that experience by commenting on recent cases (and not necessarily your own), legal issues, legislation and trends affecting your clients’ industries, business concerns, and the court room in general?
And, when you’re called upon as a leader in your field of practice to speak at or chair a conference, make certain that you not only include those speaking engagements, but hyperlink to the conference and conference materials. Same thing goes when you’re quoted in a press article, or participate on an Internet radio program.
Yes, I know that there is a “risk” that your “competition” might run across those materials, articles, etc, but that also means that your “potential new client,” “reporter” or “influencer” might also do so.
(image via Art of Conversation)
Oh, the jokes started IMMEDIATELY when Steve Jobs announced the new iPad today.

First saw it on Facebook this morning from a friend of mine, an Internet technology executive, “… is wondering if iPad version 2.0 comes with wings for greater protection.”

Andy Levy Tweeted “it can’t be a good sign that #iTampon is trending and #iPad is not …”

@savvyauntie has it going on! “It’s called the iPad – oh no. Bad name! Period.” “I asked #apple if the bigger fonts on the #iPad were for older people. iDepends they replied.” And many more!!!

@DuaneReade “just announced they have the iPad in stock already in aisle 4! Next to the iDepends and iTampons.”

Ohhhhh, I bet Steve Jobs is a little upset right now.

So here’s my point:

Some woman attached to this product development and product launch, somewhere along the line, thought to herself, “Hmmm. iPad … iTampon.” And, she said NOTHING.

How many times have you sat in a room with a partner and thought … bad idea.. But said nothing?

How many times have you looked at a logo or graphic and thought: “Ugh. That looks like a melting big stick!”

I once told a partner that his edit to a document reminded me of “99 billion burgers served.” He wasn’t too happy, but my point was, “If I’m thinking it, someone else is going to be thinking it too.” The change was not made.

Sometimes the hardest part of my job is to give my honest feedback.

Just think about it. If that woman who thought “iTampon” had spoken up, somewhere along the line, Steve Jobs would have been introducing the iSlate or the iGuide today.

Now, if she was smart enough to be the one who registered www.iTampon.com … she’s BRILLIANT!

On Friday, January 29, 2010, I’ll join Jay Jaffe and Bob Ambrogi on PR Insider radio with radio host Maureen Kedes where we’ll be talking about the move away from traditional public relations towards reputation management.

You can catch the program here this Friday from 1:00 – 2:00 p.m. PST. The program will also be archived on the site, oh, and I suppose I’ll drop a link on blog as well.

I love the First Amendment to the U.S. Constitution:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

The First Amendment provides us religious freedom, freedom of speech, freedom of the press, the right to peaceably assemble and to file suit against our government to “redress our grievances.”

However disgusting and distasteful, the First Amendment allowed the Nazis to march in Skokie, IL and recently allowed them to adopt a highway in Colorado. The First Amendment allows the paparazzi to stalk celebrities. And the First Amendment apparently allows us to express our opinions on Twitter, as long as we don’t cross the line into defamation.

In Horizon Group v. Bonnen, a case closely watched by Twitter-geeks, a defamation case was filed against Amanda Bonnen who Tweeted about her apartment management company:

“Who said sleeping in a moldy apartment was bad for you? Horizon realty thinks it’s okay.”

Definitely not the worst thing I have ever seen Tweeted, but a case that went viral none-the-less.

Karen Sloan writes about the decision in Dismissal in early test of Twitter libel liability:

Twitter advocates won an early victory last week when a Cook Country, Ill., circuit judge dismissed a defamation suit filed by a Chicago-area real estate management company against a former tenant who tweeted about mold in her apartment. News of the suit went viral on blogs and Twitter as social media users considered the potential ramifications.

(skip)

The dismissal of the defamation suit against Bonnen doesn’t mean that tweeting can’t be defamatory, warned Richard Balough, who was one of the attorneys representing her.

“Just because you are doing something in 140 characters doesn’t mean there can’t be libel or defamation,” Balough said. “People always need to exercise caution, regardless of whether they are tweeting, talking or writing an e-mail.”

Score one, and possible two and three as complaints against Courtney Love and Kim Kardashian
work their way through the courts, for the First Amendment and Twitter.

Remember, just as we cannot shout fire in a crowded theater, we cannot libel one another on Twitter either.

You can follow me on Twitter at @heathermilligan.

(Disclaimer: Remember … I’m not a lawyer, I just hang out with them 9 to 5. The above us just my OPINION).

Like many of us, I am inundated with invitations, almost daily, for “social media for legal professionals” type seminars, conference, workshops and books. Some programs are full-day intensive workshops, others are 60-minute webinars. There are white papers, studies and now books on social media and networking for the legal professional. The pricing ranges from complimentary to several thousand dollars.

Buyer beware!!! Not all social media programs are the same, and not all experts know what they’re talking about. For instance, I received an invitation today from a legal industry publisher to purchase a book on social networking for the legal profession at the “discounted rate” of $500. Looking at the index of content, I can name a blog for each that cover these topics extensively. For free!! So here a couple Dos and Don’ts from me:

  1. Do attend programs hosted by Kevin O’Keefe from Lexblog. First off, Kevin’s funny, along with being informative. He’s living what he is teaching, and he is honest. Kevin’s the first person to tell you that we’re still learning a lot of this stuff as we’re going along.
  2. Don’t pay an exorbitant fee to attend a program when you can attend a better one for free or at a nominal price. Kevin’s programs, for instance, are complimentary and he archives the programs on his website. I know how much it costs to put on a webinar. Personally, if a program is over $100 I just hit delete.
  3. Do listen outside the industry. Not to insult any lawyers out there, but the legal industry is usually one of the last to adopt a new “trend.” I always like going outside the legal industry to see how other professional services, and how corporate America, are incorporating new technology and trends, and I am willing to pay for those.
  4. Don’t believe the “guru” hype. There are too many people out there teaching and coaching, but not doing. So you need to do your due diligence. A Google search will tell you a lot of what you need to know. Read the guru’s Twitter feed. What about their blog? Sorry, but if they don’t have a personal or professional blog, how can they claim to be social media and networking savvy??

Once you attend a few of these programs you start to realize that people like me, Kevin, Jayne Navarre, Tim Corcoran, Russ Lawson, Nancy Myrland and numerous other legal marketing professionals are conveying the same, but really more and better information, by sharing our personal experiences and best practices through blogging, speaking at conferences, or just by living what we preach. (image via Xara Xone)

I’ve been going back and forth with the need for a dedicated social media policy for my firm. Yes, I have drafted one, and I keep going back and editing it down. If you’re not sure where to start, Doug Cornelius has a collection of more than 132 social media policies you can puruse.

Then I came across this post by Michael Hyatt, whom I enjoy following on Twitter, today, Five Reasons Why Your Company Doesn’t Need a Social Media Policy and it go me thinking: Do we really need a dedicated social media policy?

According to Mr. Hyatt:

Your company doesn’t need a social media policy and here are five reasons why:

  1. Your people can be trusted. In my experience as a leader, people pretty much do what you expect. If you expect them to be honest and trustworthy, they will be honest and trustworthy. No, I am not hopelessly naive: I know some people misbehave. But why punish the many because of the few? Deal with the exceptions as they occur. Most people will do the right thing if given the chance.
  2. Social media are just one more way to communicate. I honestly don’t understand all the fuss about social media. It’s just one more way to communicate. Do you have a “phone policy”? an “email policy”? a “fax policy”? Technology is neither good nor bad. It’s what people do with it that is the issue. And honestly, I don’t care if people are updating their Facebook status “on company time.” (Is there really such a thing any more?) Instead, I prefer to focus on the results the employee delivers and let them manage their time.
  3. More rules only make your company more bureaucratic. Before the election, someone asked me what my political affiliation was. I laughed and said, “I’m a Libertarian, but only because I don’t have the guts to be an anarchist.” I don’t think you can legislate morality. (That’s not to say that legislation can’t be immoral, but I digress.) You can’t come up with enough rules to guarantee that people will do the right thing. Too many rules only make your organization slower and less likely to embrace the change it needs to survive.
  4. Formal policies only discourage people from participating. In my opinion, you want to encourage your people to engage in social media. Doing so puts a human face on your brand. It meets customers where they are congregating. It makes everyone an ambassador for your organization. But formal policies discourage this. They make people hesitant. No employee wants to get in trouble, so they just avoid the very thing you want (or should want) to encourage.
  5. You probably already have policies that govern inappropriate behavior. This is the real kicker. You likely already have an employee handbook in place that speaks to what is appropriate and what is inappropriate. At Thomas Nelson, for example, our handbook provides various examples of “Personal Conduct Violations.”

Our firm does have policies on conduct, etc. Do we need to muck it up and scare people away from social media??

Mr. Hyatt does have a short and simple Social Media Policy that says it all:

If you really must have a policy, then I suggest this one:

Use whatever social media you want. Feel free to use it on company time. Just use common sense and remember that if you publicly identify yourself with the company’s brand then act in a manner consistent with that brand. It’s in all of our best interests to do so.

I had a lot of fun the other day covering Kevin O’Keefe‘s “Blogging for Business Development” on Twitter (hashtag #LBGR).

Why do I do it?

  1. It’s like taking notes. I’ll remember the content better, and pay better attention, if I’m Tweeting the content.
  2. It broadens my exposure.
  3. It increases my followers in my targeted markets.
  4. People appreciate it.

I’ve  now done this for several conference, and never thought to put together a “best practices” list. Good thing Adrian Dayton did. Here are his five great tips:

  1. Use the hash tag.
  2. Bring your laptop.
  3. Make connections before the conference.
  4. Share the good stuff.
  5. Don’t worry about tweeting the name and title of each speaker with each quote.

You’re going to have to pop over to the article, How to Cover a Conference Using Twitter, to get the great details for each point.

I would like to add a few more of my own:

  1. Get approval from the conference organizers to get access to the ballroom Internet access passwords. Most conferences lock this down, and it can be difficult to gain access to the codes at the last minute.
  2. Introduce yourself to the speaker before hand and let them know you are Tweeting the program. This removes any doubt as to why you are tapping away at your laptop or on your iPhone during their program. In addition, I have found that most speakers will, at some time during their presentation, reference you to the room.
  3. Add a Twitterfall to your blog! I have one for LMA 2010 Conference in my sidebar, but if you’re going to be away from your blog for a few days, think about adding it as a main entry.

Happy Tweeting.

(image via www.geeky-gadgets.com)

I love being a legal marketer. However, it has its challenges, which usually revolve around personalities.

Several years ago I sat on an airplane, on my way to New York for a department retreat. In mid-flight I instinctively opened up my Blackberry and read an e-mail that just sent me for a loop, and I was done. That was it. I had had it. I was going to quit my job.

However, I was the breadwinner in our family, and there were two young children and a mortgage at home and I had to think rationally.

Flying over some fly-over state I weighed my options, and I made a list. It wasn’t a “pros and cons” list, but a list of “would I be okay if I just up and quit my job.”

I thought about my finances. Hmmm. I had X amount in the bank, my 401K (this was before the market crashed), equity in our home (once again, before the market crashed). Worse case scenario, we sell everything and move in with my mother-in-law at the beach in Newport. I could live with that.

Then I started thinking about my network and I crafted an e-mail. I let them know that I was leaving my firm, taking some time off, and here was my contact information.

I was amazed at how large my network had grown over the years as I sent that e-mail off to hundreds of people.

Then the calls and e-mails started. I didn’t hear “are you okay” on the other line, I heard “wow, can you help me out with this project,” “are you available to consult with me on ….”

During that summer, I had several friends, colleagues and former work associates send me projects WITHOUT my soliciting them. They just knew I was available.

I, in turn, took a summer vacation, began a yoga practice, and slowly made a choice as to where I wanted to be professionally.

So, why this retrospective? I just read Nat Slavin’s article Make The List, which recounts his process of overcoming the fear of transitioning from his role as a legal publisher to what was then an unknown future.

I sat down at my desk with pen and paper and started writing down every name of every person who I thought cared enough about me to help me both personally and professionally. Without opening my address book I wrote down 357 names of people who had entered my life during the past decade and a half who I knew would take my call, and listen to my questions, and most importantly offer advice. These were the people whose life I had entered through both professional and personal circumstances. Friends from high school, relatives and of course folks in my professional network; in the simplest of terms, and I had never thought about the value of my personal network.
I was liberated. I didn’t realistically believe that all of these people would actually be able to offer me anything more than peace of mind. But if one percent, just 3 or 4, took a real interest in my professional development and served as a confidant or mentor, I would find my way. I would be able to, with confidence, enter the next stage of my life.
That list was a gift. So, I offer to all of you the tremendously liberating power of creating The List. Think of those whose lives you have been a part of, whose journey you have supported, and those whose respect you have earned. Make your own list, and know that if you got stuck, there will be names on The List, the members of your tribe, who will be there for you.
What my personal journey taught me is that, in the end, the most freeing decisions are ones that are made without fear.
When I realized that I could quit my job and 1) not end up homeless and 2) had a network to support me, I was able to walk away on my terms. I was able to choose my next job based on whether or not it was a good fit v. a good pay check. I’ve been at my current firm for 2.5 years, and I just love these people. It is the perfect place for me, at this perfect time in my life.
So, who’s on your list?
I live in Los Angeles. I lived through the 1971 Sylmar earthquake (6.6) and the 1994 Northridge earthquake (6.7). To this day, I can recount for you what happened from the moment the house started shaking, the glass started breaking, and the anxiety set in. There were, however, no broken bones in our family. I did get out of school for a week in ’71 as they had to re-asphalt the school; and was out of my house for a month as it was yellow-tagged in ’94.

I can only imagine the terror and damage the 2010 Haiti earthquake (7.0) will leave, both physically, spiritually and emotionally, for generations to come.

So, here I sit safely in my office on the 47th Floor of an incredibly well constructed building in Los Angeles. I’m taking care of my travel arrangements for the LMA 2010 conference, booking appointments, prepping attorneys for a road trip … but my thoughts keep turning to what I should be doing to help those in Haiti.

Here’s what I have done so far from my ergonomically correct chair:

  • I opened my wallet and donated money. So far I have made donations to Doctors Without Borders, Wyclef Jean’s Yele Haiti Earthquake Fund , The American Red Cross and Three Angels Children’s Relief (an orphanage outside Port of Prince), and Direct Relief International. Here’s a list of more organizations that need assistance.
  • I’ve made arrangements to donate blood to the Red Cross. They might not use my blood in Haiti, but they will need it as they ship their current “stock” to the island.
  • I am coordinating a project for my Girl Scouts so that they can understand what they, as 5- to 9-years old can do, along with some safety and preparedness training for the girls.

So far, I have given up 40 cups of Starbucks for Haiti Relief at $4 a cup. I won’t miss the coffee, and I’m sure the money will be used well.

What are you going to do?