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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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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Lawyers: Now you can get legal marketing videos on youtube

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legal marketing videosOkay, this first video isn’t specifically about legal marketing, but I’ve got a youtube channel now and will be posting videos you can watch while sorting email or having your morning coffee.

Actually, I’ve got some good things planned and when you subscribe to my channel you’ll be notified when there’s a new video posted. I also added social media badges to the blog for youtube and linkedin.

What’s this first video about? Well, social media. I wanted to have a simple page where people can find the links (badges) to all my social media accounts so they can friend/follow/like me. Since I have another business and blog, this was even more important. I was getting to the point where even I couldn’t remember how to find me. Anyway, this short video explains what I did in case you want to do the same.

Please leave your comments (or questions) below. Since this is my first video (imagine that), I’ve probably left out something important and I’m sure you’ll want to mention it (as my wife just did when she poked her head in the door to tell me about how I messed up “attorney marketing”.)

Oh, please also use the share button or tweet button to tell people about this post. They might want to show their spouse that they aren’t the only ones who can’t speak proper English.

[mc src=”http://www.youtube.com/watch?v=FhZEpFTg8XI” type=”youtube”]How to create a personal social media hub page[/mc]

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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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