Is your site Mobile Friendly? If not - you are losing clients!

What does it mean for a site to be mobile friendly? The top three things are:
1.) Test that can be read without having to scroll
2.) Images that automatically resize
3.) No Flash software use.

As mobile devices are fast becoming the #1 method of accessing the internet, Google has started to send emails to non-mobile website owners to advise them that it't time for a facelift, if not a full redesign. Just because you think your site is attractive,doesn't mean that Google agrees.

An email from Google seen below:

 Some people found out by accident, or are still in the dark, because this notice is usually sent to the webmaster of the site.

Visit your own website on the internet. Do you have to scroll to read the test? Go through each page. How easy is it to read by someone who doesn't know what it should be saying?

A website that hasn't been redesigned for over 4 years is not only out of date in design, it is out of date in functionality - two things that hurt your SEO and potential new clients.

If your website is not delivering the results you need or it's in need of a face-lift to become mobile friendly, let's talk. Click to email us.   We'll listen first to your goals, research your Internet presence and provide our solutions to meet your unique objectives.

Don't plan to do everything, rather - do what's best for your firm

You can have the best looking, snazzy website; and all the social media sites, plus you can be blogging and posting everyday….however, unless you engage your audience, your target market , it can be compared to being the best attorney, with the best case preparation, all the best trial exhibits and pleading your case in an empty courtroom.

Social has become an integral part of an organization’s digital marketing mix. To do this well, you need to strategize an ongoing plan, one that creates relevant and personalized social activity and one where you can do real-time optimization.

It is not a plan of ‘doing everything’ in digital marketing because it’s there, but rather ‘do what’s best’ for your firm.

As with any marketing approach, you must first determine why you want to use social media for and what you hope it will do for you.

The Internet is impersonal, and can support or wreak havoc on your image,  your brand.
When done correctly it can:

• Give exposure to your experience and expertise
• Support your reputation 
• Showcase your testimonials
• Fit easily into your marketing mix
• Fit well into time management.
• Provide a flexible and changeable message
• Low cost or free*
•  Level the playing field

Your website should be your Hub, to go-to place to find information about you, your areas of practice, your wins, etc. Social Media post should be engaging, sending people to your website regularly.

Your marketing messages need to "speak to" your target audience - referring attorneys and potential clients, keeping in mind that opposing counsel and jurors will also find this information.


For assistance, training or consultation with your internet marketing, call 800-569-8279 

IS YOUR WEBSITE COMPLIANT WITH THE LAW?

Some industries have specific rules they must adhere to for all their advertising and marketing, both offline and online.  The Healthcare industry has specific marketing regulations, codes and guidelines. Lawyers and legal associations must follow Bar Rules. In California,  this includes Rule I-400.

Any website, blog , internet site or application (app)  that wants to stay in good standing with search engines, must follow their specific terms and conditions. The two largest, Google and Yahoo, have these webmaster guidelines prominently posted, updated and available.

There are also State and Federal laws governing how ALL websites must behave to insure the privacy of their visitors.  There are additional laws (below) that are specific to protect the privacy of children. The following list does not cover all the internet privacy laws currently in force, or being proposed. You are advised to be knowledgeable of the laws that apply to your business – Federal, State and your specific industry.

• CALIFORNIA – Online Privacy Protection Act of 2003 – California Business and Professions Code sections 22575-22579. This law requires operators of commercial web sites or online services that collect personal information on California residents through a web site to conspicuously post a privacy policy on the site and to comply with its policy. The privacy policy must, among other things, identify the categories of personally identifiable information collected about site visitors and the categories of third parties with whom the operator may share the information. The privacy policy must also provide information on the operator’s online tracking practices. An operator is in violation for failure to post a policy within 30 days of being notified of noncompliance, or if the operator either knowingly and willfully or negligently and materially fails to comply with the provisions of its policy. This law takes effect July 1, 2004.

• Assembly Bill No. 370 (AB 370) amends Section 22575 of the state’s Business and Professions Code. Section 22575 requires the operator of a website that collects personally identifiable information on consumers residing in California who use or visit the site to conspicuously post its privacy policy on the site.  (The operator of an online service must make its privacy policy available by any reasonable accessible means.) As amended by AB 370, Section 22575 requires such an operator to include in its privacy policy a description of how the operator responds to do-not-track settings in consumers’ browsers. The law describes such settings as “signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party Web sites or online services.” An operator can satisfy the new requirement “by providing a clear and conspicuous hyperlink in the operator’s privacy policy to an online location containing a description, including the effects, of any program or protocol the operator follows that offers the consumer that choice.” The law also requires an operator to disclose in its privacy policy whether, when a consumer uses the operator’s website or service, other parties can collect personally identifiable information about a consumer’s online activities “over time and across different Web sites.”

• CALIFORNIA NON PROFIT COMPANIES – California Ed. Code § 99122
  Requires private nonprofit or for-profit postsecondary educational institutions to post a social media privacy policy on the institution’s Internet Web site

• CONNECTICUT Gen. Stat. § 42-471
  Requires any person who collects Social Security numbers in the course of business to create a privacy protection policy. The policy must be “publicly displayed” by posting on a web page and the policy must (1) protect the confidentiality of Social Security numbers, (2) prohibit unlawful disclosure of Social Security numbers, and (3) limit access to Social Security numbers.

ADDITIONAL LAWS TO PROTECT CHILDREN’S PRIVACY

• Children’s Online Privacy Protection Rule (“COPPA”). COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.

• Calif. Bus. & Prof. Code §§ 22580-22582 (2013 S.B. 568, Chapter 336) (Effective 1/1/2015.)
  California’s Privacy Rights for California Minors in the Digital World Act, also called the “eraser” bill, will permit minors to remove, or to request and obtain removal of, content or information posted on an Internet Web site, online service, online application, or mobile application. It also prohibits an operator of a Web site or online service directed to minors from marketing or advertising to minors specified products or services that minors are legally prohibited from buying. The law also will prohibit marketing or advertising certain products based on personal information specific to a minor or knowingly using, disclosing, compiling, or allowing a third party to do so.

Laws regarding making false and misleading statements in website Privacy Policies

• NEBRASKA  Nebraska Stat. § 87-302(14)
  Nebraska prohibits knowingly making a false or misleading statement in a privacy policy, published on the Internet or otherwise distributed or published, regarding the use of personal information submitted by members of the public.

• PENNSYLVANIA 18 Pa. C.S.A. § 4107(a)(10)
  Pennsylvania includes false and misleading statements in privacy policies published on Web sites or otherwise distributed in its deceptive or fraudulent business practices statute.

Your privacy policy should be specific to  your website, blog, app, etc. and not simply copy of someone else’s. Your privacy policy should be as unique and specific as your business.

Is your website compliant? Contact us to discuss your specific industry website, your goals and needs. Click to e-mail us or call 800-569-8279

Additional Resources:

SBA and Privacy Policy
FTC
Cal Gov
FTC Privacy and Security

THEY SAID WHAT ABOUT ME!?....Your Internet Reputation

Your day was progressing as usual and then you discovered a scathing review that someone left about you on the internet.

It used to be that disgruntled clients would leave your office, complain to a few friends and family; maybe write you a nasty letter, and then they simply moved on with their lives.

Not so today. The internet has opened new and dangerous venues for vocalizing complaints, right or wrong.

Recently, a client called, very upset, that one of his previous clients from over a year ago had just posted a flaming negative review on Yelp. My client knew that every thing that was written online was fabricated and incorrect, but what could he do. Suing someone for defamation is a difficult road.  A week later, another client called with the same problem. 

Both clients' initial response was to write a long reply defending themselves and their firm. Fortunately, they talked to me first.

WHAT NOT TO DO:

1.) Don't panic. Seldom can you think clearly when you are angry and in a panic.

2.) Do not attempt to defend yourself in a posted response. You will lose! Defending yourself, you will provide more information for your reviewer to attack; then  you will defend again,and the reviewer will attack your defense, and so on and so on...... you will lose!

3.) Do not break client/attorney privilege by writing anything about the case.  Not only will this give the reviewer something else to attack, you have now provided them something to take to the state bar.

4.) Do not attack the credibility of the poster. This is not a courtroom and it quickly becomes your word against theirs. Most times, you will lose! 

5.) Do not write a advertising type review of yourself; citing how all of your clients are happy with your work, etc. In your haste to defend yourself,  you may unintentionally violate Rule 400.

6.) Do not respond as a victim. What you write will remain on the internet for future clients to find. Broadcasting yourself a victim may interfere with your brand as a competent attorney.

7.) Do not ignore it and hope it will go away. A negative post without a response may be the one result a searcher will find.

8.) Do not continue clicking on the link, or send it to friends to read. What assists search results to stay at the top of results is their popularity. The more clicks - the longer the life of the link.

9.) Do not ask others to immediately post on this review, or respond to the poster of the review. Positive reviews all posted immediately after the negative review, posted on the same day, near the same time and worded similar will appear manipulated and dishonest.

Removing or reducing the impact of your negative reviews is best achieved when following a strategic plan.

WHAT TO DO:

1.) Take a breath.

2.) Write our your response in a word document, and set it aside for a day. 

3.) Make a plan to ask colleagues and clients to post positive reviews on several OTHER sites, including your firm website, over a few weeks span, without any reference to the negative site.

4.) Claim your profile on this site, if possible, to respond appropriately in proper time. Build this profile with the same focus as your website.

5.) When you feel you are ready to respond to the review, have what you intend to post reviewed by someone who understands Rule 400, client/attorney privilege and Public Relations, in order to make sure your response is appropriate and places you in the best light possible.

6.) Submit a request to the search engines to de-index the offending site/page. Be prepared to explain why it should be removed from the database. Your request should be as carefully worded as your direct response to the post. In some cases, you can ask the specific site to remove a post. Revenge sites are another matter. They have sprung up with the intention to give people a platform to say anything. They have shown to be unreceptive regarding removing negative posts. In those cases, your strategy needs to be one to drown the bad review with  a strong plan of positive actions and reviews.

7.) Post positive reviews on your website. Update the content on your website so it continues to be fresh and current for the search algorithms.

8.) Take advantage of free attorney profiles on legitimate 3rd party sites to build your brand and acquire positive reviews.

9.) Be active on legal websites where you can answer legal questions and showcase your expertise.

All that being said, some negative reviews can be a support to your image. All 5 star, glowing reviews can appear disingenuous.

Another Big DO: Stay on top of your internet reputation. Do not simply trust a Google Alert to keep you informed. Google and Yahoo have their separate and sometimes similar database so you may not see everything that is on the internet about you. I recommend using Dogpile.com , Mamma.com or zabasearch.com. These mega search engines aggregate and organize the web's content from several of the leading search engines.

These are only the top tips on what you should and should not do. Your internet strategy should contain additional actions. All that being said - when in doubt - call me.


For assistance, training or consultation with your internet marketing, call 800-569-8279 or email me through this link 

Why Can't I Say That?

After last month's article titled: Facebook Dangers for Lawyers, I received a number of  inquiries asking, "Why can't I say that?"

Two points come to mind:

One is the advertising/communications rule.

A recent opinion from the California bar's ethics committee (Formal Op. 2012-186) the question is addressed: Under what circumstances would an attorney's postings on social media websites be subject to professional responsibility rules and standards governing attorney advertising?

The published opinion presented five examples of posts:
1.) "Case finally over. Unanimous verdict! Celebrating tonight."
2.) "Another great victory in court today! My client is delighted. Who wants to be next?"
3. ) "Won a million dollar verdict. Tell your friends and check out my website."
4.) "Won another personal injury case. Call me for a free consultation."
5.) "Just published an article on wage and hour breaks. Let me know if you would like a copy."

How do these posts appear to you? Are they similar to any posts that you might have made?

The opinion concludes that the advertising rules do not come into play if a lawyer's social media post merely announces a victory or recent publication (examples 1 and 5), without suggesting that the lawyer is in the market for new clients. But when a message expresses the lawyer's willingness to be hired (examples 2, 3 and 4), the posts must comply with Rule 1-400.

This holds true on any site that can be accessed by the public, including your blog, website and the legal directory sites where you have an opportunity to post information or answer questions. A quick disclaimer stating your answer wasn't a solicitation for clients, after you stated,  call me, etc. won't protect you. It's much safer to follow the Rule.

It is a professional hazard to think that a post on a "personal" social media site allegedly seen by only "friends or connections" will be safe communications. Friends will have friends, who have friends, who may also see these posts. Regardless of your privacy settings today, the settings may default anytime the social media site makes a system upgrade, making all your posts public. "It's not my fault." won't help.

and the other point is the appearance of impropriety.

The good and bad is that the data on a social media sites is highly searchable.  Photos, posts, comments on posts and peer endorsements are especially popular in search results.

If you are going to post photos, I strongly suggest that you maintain the highest privacy setting and be cautious of who you tag in your photos. An attorney socializing with a judge or mediator can be an innocent event, until a juror or opposing counsel, doing their due diligence, finds it.  Most of the judges I have spoken with at social events tend to avoid the camera, and have told me that they don't want any photos of themselves placed on the internet. So I don't feel bad when they turn or walk away when a camera approaches.

Recommendations and peer reviews are another tricky area. All dependent on how it is worded, if an attorney posts a glowing review on a mediator's profile or vise versa, it can possibly be construed as an appearance of impropriety leading to a conflict of interest. If a mediator has reviews only from plaintiff attorneys or only from defense attorneys, it could put the mediators' neutrality into question.

There are other areas of concern unique to certain social sites, which I will cover on my blog and in future newsletters.

Social media has a number of advantages, and when used properly can be an marketing asset to you and your firm. I'll address more of this topic in future newsletters.


The bottom line - be safe, not sorry. Know the rules and think of the bigger picture before posting, and when in doubt - dont!

For assistance, training or consultation with your internet marketing, call 800-569-8279 or email

Should you be on Facebook?

"Everybody is doing it, so I should too." is one of the most dangerous reasons to do anything, especially a marketing strategy.

I can still hear my Mother's voice ringing in my ear. "If Susie jumped off a cliff, would you do it too?"

That sounded ridiculous at the time, and still does; however, it's that same copycat thinking that many attorneys use when deciding on their marketing strategy. 

The world is changing and the Internet has become the tool for discovery, communications and referrals.  Just because you are told that "everyone is on Facebook" is not enough reason for you to join the game. As with any marketing approach, you must first determine why you want to use Facebook and what you hope it will do for you. The Internet is impersonal, and can support or wreak havoc on your image,  your brand.

Social media sites such as Facebook encourage electronic social interaction. Attorneys have a different set of cautions and are controlled by bar rules when advertising, or soliciting. Use of Facebook and other similar can fall into that area.

You may have precautions in mind about confidentiality and code of ethics in your posts, however, your image is affected by other things as well.

The good and bad is that the data on a Facebook page is highly searchable. Posting photos to Facebook of your weekend party or even your bar gathering can have consequences.  I advise my clients not to willingly let anyone tag them in any photos on Facebook. If a juror or opposing counsel is doing their due diligence, finding photos of judges and attorneys drinking together can be a potential image problem. Photos on a website can be less searchable and are more easily controlled.

In some states, having a judge "friend" an attorney, could give the impression that the attorney is in a special position to influence the judge, and therefore crosses the ethics line.

If you have set up a Facebook page for your firm,  you have no control over who likes your page. If your setting are open that allows followers to comment on the page or on a conversation stream, there is potential for negative or other unacceptable comments. Even though you may delete these from the page, they stay on the posters timeline and potentially in search results.

The privacy settings can only help so much. You might post jokes and private comments on your personal timeline, and one of your friends likes or shares - it is then no longer private. Plus many times when Facebook updates it's latest algorithms, the settings revert back to the default, which is no longer private.

Search results don't always deliver the entire string of a conversation. I found a search result one time where my client was named in a sarcastic off-color remark on one of his friends posts. The search result picked up the client's name, the name of his firm and the sarcastic off-color comment. At a glance, it appeared that his firm had made this comment. Clicking the link in the search result ended up on a page with privacy settings, so the entire post stream was unavailable, leaving the searcher with the edited portion, and an unflattering image of the firm.

Before adding Facebook or any other social media site into your marketing mix, make sure you understand what it can and cannot do for you,  how you are going to use it and how you will monitor it.

Remember that One Size Does Not Fit All. Just because your friends are doing it, doesn't mean it right for you. If your online presence is not giving you the results you were hoping, let's talk. Click to email us.   We'll listen first to your goals, research your Internet presence and provide our solutions to meet your unique objectives.

Have you ever wondered how search works

Have you ever wondered how search engines actually work to deliver you the results you seek in the blink of an eye? The following link is an interactive inforgraphic by Google to give an insight into what happens between the request of a search query and the retrieval of results.

As you watch this, note how often "freshness" and "content" are mentioned. http://www.google.com/insidesearch/howsearchworks/thestory/

Keeping the content on your website current and updated regularly with helpful and relevant information is very important. So if your website hasn't been updated in a while, regardless of how attractive it might be or how important you think that information is, it may be time to tweak, add to, change or restructure your website for better results.

If you think  your website needs an overhaul, let's talk. Click to email us. We'll listen first, look at your online presence and then offer our recommendations.  One size does not fit all.The solution for you should be unique to your business and goals.