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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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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Social media marketing for attorneys

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This isn’t an attorney but he offers a cogent explanation of how social medial should fit into an attorney’s marketing mix. What’s that? You don’t have a mix? Oh my, you really should have a mix. . .

[mc src=”http://www.youtube.com/watch?v=zn1cspHx7DU” type=”youtube”/]

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Free SEO advice for your blawg

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If you want to know how to optimize your blog for search engines and other great tips for building visitors and subscribers, check out this easy to read free resource, The Blogger’s Guide to SEO. I have it on good authority that the author of this guide is a good authority. In fact, he wrote the book on it: (The SEO Book).

Author Aaron Wall says, "While we wrote a 300+ page book about SEO, only a dozen pages are needed to cover how to do SEO for a blog." Get it? It’s not because there’s not much you can do with a blog vs. a static web page, it’s becuase you don’t have to–blogs do most of it for you.

If you are hesitant to start a blog (or add one to your existing web site), perhaps this will persuade you. But hey, if you don’t want free advice about getting free traffic that could turn into paying clients, then go ahead, renew your M-H web page and tell yourself you are marketing online. (Yes, I’m being sassy; deal with it.)

The latest version of the software I used to create The Attorney Marketing Center blog (and several new web sites) has just released a new version. Very cool. I’ll be upgrading the site soon and show you some of the new bells and whistles. In the mean time, you can check it out on this page.

 

 

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Even more free software for marketing online (thru Xmas only)

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Does AdWords make AdSense for lawyers?

If you take some time to learn what you’re doing with Adwords, you can economically drive targeted traffic to your web site. The campaigns I’ve run have only been on Google searches, however, mainly because I didn’t want to take the time to find appropriate web sites for my (Adsense) ads to appear.

I just downloaded a new piece of software that makes that easy, and it’s free until Christmas Day. I’ve just started playing with it and like what I see. If you use Adwords, or think you might any time soon, check it out. Here’s the page with a demo video and download link: http://portalfeeder.com/adsensefinder.php

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More free software–promote your law firm web site through blog comments

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One way to promote your web site or blog is by posting comments on other blogs, but finding the right ones is time consuming. To some extent, you can automate that process with "Comment Kahuna," free software from  Jason Katzenback, Marc Quarles & Jason Potash at DealDotCom.com

This link takes you to a short video that explains how it works, and then you can download the software.

I used Comment Kahuna to find attorney marketing blogs I’ve never seen, and I then posted pithy comments thereon, linking back to my web site. Because your searching and posting activities are saved for you, it’s easier to go back to web sites where you have posted and see if your moderated comment got posted and if any follow-up by you is called for.

In the process, I found some good material I can use, here. For example, one site I found had an article listing web sites/directories where lawyers can list their web site. Here’s that article, and my comment.

Speaking of software, mentioned she’s using PC Pitstop Erase to erase personal data from her lap top. Since data that has been deleted from your hard drive can be recovered by identity thieves, and stolen lap tops are a major source of identity theft, software like this is something every attorney should have. As I mentioned a few days ago, new laws impose liability on businesses (and that includes law firms) for failing to safeguard certain non-public information, so losing your lap top (or a breach of your desktop) could spell real trouble. If you’ve used PC Pitstop Erase, or something else you can recommend, please add your comments.

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Free software let’s you add videos to your web site

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Would like to add video to your web site or blog? Techsmith, makers of Camtasia, wants to give you a free copy of their powerful screen capture software. You can use it to post audios, videos, software demos, narrated Powerpoint presentations, or anything else you can think of. And did I mention, it’s free?

The catch? It’s not the latest version. Camtasia Studio 3.1.3 has all the core functions of the latest release, minus the newest bells and whistles.

Posting (original) videos to our web sites is something we all need to do, and this is a good place to start. I haven’t used the software yet, but I’m told it’s easy to use. My first project will be a video tour of another website I own, showing what’s what and where to find it, how to subscribe to the newsletter and the feed, and so on.

To get your free copy of Camtasia Studio 3.1.3, here’s all you need to do:

Step 1
Download the software from here – (save the file to your desktop).
http://download.techsmith.com/camtasiastudio/enu/312/camtasiaf.exe

Step 2
Go to this page, complete your name, country and e-mail address and Techsmith will send you a software key to unlock the program.
http://www.techsmith.com/camtasia/pcpls.asp

Step 3
Install the software and then input the key to unlock it and you will have the full working version of Camtasia Studio 3.

Note: Unfortunately, this is available for PCs only (sorry Mac users!)

Thanks to Yaro Starak for alerting me to this offer.

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New resources for marketing your law practice online

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If you’re interested in marketing your law practice online (and you should be) there are two resources I want to recommend. The first is a new book, "The New Rules of Marketing & PR" by David Meerman Scott. The sub-title is, "How to use news releases, blogs, podcasting, viral marketing & online media to reach buyers directly." That about says it all. I’ve just started reading it and can tell you, it’s excellent. Highly recommended.

The other resource is a free ebook from consultant Brandon Cornet at websmartlawyer.com. It covers web sites, blogging, search engines, lead generation, and has links to oodles of resources. Valuable stuff.

Cornet’s ebook is itself a fine example of viral online marketing, in that it is a free download from his web site (you don’t even need to supply an email address to get it), coupled with good content that demonstrates his knowledge and experience. Sure enough, here I am "distributing" it to you, and thus, this strategy could quickly generate hundreds of qualified leads for Cornet’s consulting services.

It illustrates another key marketing concept, niche marketing. Cornet could hold himself out as, simply, an Internet/website consultant, hoping to appeal to "everyone" but, like so many others, he would find his voice drowned out by his many competitors. Instead, by targeting lawyers, he narrows his focus, which should make it easier to both generate leads and close them, since clients (and that includes lawyers) prefer specialists.

Both books agree, the Internet has forever changed the rules of marketing. Those who ignore this, do so at their peril.

 

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How to choose the right specialty & my web site diary

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I posted two articles on the web site today:

  • How to choose the right specialty. Choosing the right right area(s) in which to specialize is one of the most important decisions you will ever make. To help you decide, ask yourself, and others, these questions.

  • David’s web site diary. Here’s what I have done to create this web site. If you’re interested in starting your own blog, here’s what I did (and why). I will update this page as this site develops.
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