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. 

What you do best

Regardless of the size of your law firm, marketing is essential if you want to keep pace and grow in today's marketplace. The Internet is a powerful marketing tool - when used strategically and correctly. A few common mistakes that can hurt you might include:

A website that looks like everyone else, with common content.
      When your website looks like everyone else then how does your client or a referring attorney see you as any different. This is usually made by using the same template you liked on someone else's site, or using a web company with limited knowledge or access to templates.

Attorneys who post personal activities on their social media profiles.
     Most attorneys (hopefully) know what is legal to post online, however, when you advise your clients to be careful of what they post on their social sites, the same advice is good for you. What you think is a cute joke or "no harm" comment just might show up in a search by a juror or opposing counsel.


Attorneys who control it all 
     It is important that you have an understanding of what the Internet can do for you, however, the playing field is changing multiple times a day.  The learning never ends. What you are doing today may not hold up to the search engine algorithms, or the changes in various social media policies and offerings.  The biggest mistake in doing it all yourself is how much time you take away from what you do best - lawyering. 

The worst mistake is to stop marketing
     Every day new lawyers are entering the already competitive marketplace. Although the Internet is growing in persuasive power every day, it is only one component that should be included in your overall marketing plan.   Some attorneys stop marketing because they think they have enough cases or referrals, then things slow now and panic ensues.  Marketing through personal networking, speaking engagements, associations and events should also be in your marketing arsenal. Each one is powerful, however, putting them together in a strategic marketing plan can be even more effective for you.

Whether you are looking to attract clients or referrals from other attorneys, the image they see on the Internet will play into their decision about you.

So do what you do best, and trust your assistants or outside consultants to assist you in maximizing the potential of the Internet.

When is it time to update your website?

Everyday at least one of my clients receives an email from someone stating they their website needs to be updated, and the unknown email sender is the best person to do it. Everyday new people enter the arena of webdesign. some take a software class, others an online class and some buy a program of templates. I am asked, how often should a website be updated? And what is the difference between a web designer and website development?

 First, your website should be updated when:
1.) You have broken links, missing images, difficult navigation, outdated content or outdated firm image.
2.) Significant changes are made to search algorithms and your site results are beginning to decline
3.) You've added new associates or partners
 4.) You have new case results
5.) You have received acknowledgements or have articles newly published in legal journals.

When not to update:
1.) Someone guarantees you top placement in search results if they redesign your entire website. As a good attorney, your client may ask you at the onset of filing a case to tell them exactly what they will get when you win the case. Noting the many good cases that have been lost, it's evident that you can't guarantee what will happen. There are black-hat techniques that can get your website in the top results - for a while. However, long term success cannot be guaranteed. And black-hat techniques can come back to haunt you.
2.) You're bored with the look. Being pretty isn't always necessary. If your site is still bringing in new clients and referrals, it may not need a complete overhaul. You may need simple changes to colors and layouts to please your eye without losing the effect the content is making.
3.) You don't think it's pulling in results for you because the calls or emails you are getting are not your exact preferred client.  Before deciding your site isn't working, be sure to check the analytics and see what pages or content areas are drawing traffic. I've heard from attorney clients that getting the right clients is a numbers game  You may have to sort through several to find the one that is a legitimate case. By analyzing your traffic reports, you will see your website's strength and possible weaknesses.
4.) Because the new kid on the block or the email you just received told you to do it. If someone is telling you that your website is broken, and only they are the ones to fix it - think before acting. If someone approached you with that logic on a case you are working on - not knowing you, your client, the case or your objectives - would you immediately hire them?

The difference between a web designer and a web developer is:
A web designer
1.) can usually make your website look attractive with images, layout and colors. They may use a pre-designed template and simply fill in your information  BEWARE of those who use the same template for all their clients. I recently saw a legal web design template used with several law firms. The giveaway was not only the same exact layout, much of the same wording, but on two sites they neglected to fill in the portion that read [insert firm name here].
2.) places all the emphasis on your website, overlooking the integration throughout the internet.
3.) makes promises of quick results without explanation of how these results will be achieved.
4.) request to place your domain and hosting in a new account that they manage, many times without your ability to access. They may buy domains on your behalf, but in their name, and place them in this same account. When you decide to no longer have them as  your webdesigner, you may have a difficult time retrieving your assets, and sometimes can lose your entire website.

A good web developer 
1.) will analyze your entire web presence and give you a report on the results
2.) will listen to your goals and objectives of your  internet presence
3.) will give you an honest opinion of your web presence, which may conflict with yours
4.) may be able to work with what you already have and grow from there
5.) will offer more than just their one opinion of why your website and internet presence is providing the current results.

Many persons selling web services are offering their opinion, their companies opinion and the limitations of their designs. Some will use a marketing service, ( ie Yext, Citygrid, etc) to show you your results. If so, double-check these results. Many times these reports are incorrect, plus these are for-fee services, so the more their report indicates you need them, the easier it becomes to sell you their service.

A good web developer will use unrelated opinions, ie: other non-related web developers and focus groups. Always ask how they derived their assessment of your website and web presence.

Sometimes it's time to refresh your look. It's always time to keep your content current.

Analyze what you have before you agree to an overhaul, when a simple refresh is all you need.

Think of the big picture and long term.

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. Maybe you only need a refresh.

Many websites are losing their search rankings - fast!

Have  you noticed a change in the results you've received after a search query? The new Google update may be part of the answer. If you are noticing the difference, just know, that other people are seeing the changes as well.

For many years, online marketers encouraged their clients to buy every domain name that described their products or services, ie: www.idothis.com, www.thisismyproduct.com, www.iamthebestatthis.com, etc. For a long time these exact keyword or brand name domains showed up in the top of the list in the search results even though they may not have had the content that someone was looking for.

According to Google the idea of this recent update is to provide searchers with the most relevant and high quality results. That isn't always the sites with exact match domain names.

Many companies attempted to “trick” the search engine into listing the company’s web site more highly by using a popular exact match domain, yet the website may have delivered low quality content and web spam.

This update reinforces the important of a high quality website. A successful online presence requires an ongoing plan to stay current and engaging. One page websites and business card type websites will continue to fall in the search rankings. Unless someone knows your exact domain name, they may not find you in their search results as easily as they did in the past.

Keeping your online presence high quality should include:
1. Current, relevant and engaging content on your website
2. Properly optimized content (Yes, you can over optimize and black-hat optimize. Both of which will penalize your web rankings.)
3. High quality links into your website
4. Social engagement. (this is more than merely talking about your persona life or posting jokes, unless that is your profession)
5. Unique navigation with relevant engaging content rather than the over used standards.

What to do if you already own exact keyword match domains?
Make sure it meets the list above. If not - fix it, fast before you lose ranking altogether.

Quick summary: Provide information, answer questions, provide a way to continue the relationship.

So you need help doing this? We can help. Contact 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.

Cheap yet costly SEO mistakes

How important is it to monitor your internet presence?

Unfortunately many law firms assign the task of their website and internet marketing to an employee in their firm or hire a service and then just assume it will be fine.

Unfortunately, employees get distracted with other firm matters, or leave the firm for another job; and with the ease of web templates, just about anyone advertising themselves as an internet marketing expert can give the impression that they know what they are doing.

What could possibly go wrong?

This week when monitoring the internet presence of a few potential new clients, I discovered a handful of dangerous yet preventable errors. Unfortunately this errors are more difficult to correct once they are online. With the change in search algorithms changing regularly, what worked yesterday may now seriously work against you today. What I discovered aren't tactics that a knowledgeable webmaster or internet marketer would use, especially since the introduction of Penguin and Panda.

 * Black-Hat Techniques.
Be cautious of companies that promise immediate first page Google ranking. “Black hat webspam” is referred to as techniques where the intent is to look for shortcuts or loopholes that would rank pages higher than they deserve to be ranked according to webmaster guidelines. Use of Black Hat webspam, once discovered by Google and other search engines, can get your site penalized and potentially de-listed. Short term exposure on the first page, could result in log term penalty.

* Bulk directory service.
This weekend as I conducted research on a few new referrals, I found one firm listed on several sites, but with a wrong phone number. In fact it was the phone number of the company they hired to provide their SEO. Their firm name, address as well as photos of their partners were correct, however someone calling the number listed would not have reached them. This happens when a bulk listing service is used. The bulk listing service uses the account holders phone number to verify the listings on directory pages such as: yellowpages, yahoo local listings,  some area of practice sites and other popular online directories. The solution if you use a bulk listing service, is to have an account set up exclusively for (you) the client by the SEO company, and have the bulk service company phone-verify your actual phone number. It's an extra step that involves someone at your office answering the phone and listening to a computerized code, however, those few minutes could save you from lost clients calling the wrong phone number. You also want to make sure that you are being listed on only legitimate sites and not content farms, which will also work against  you. The SEO company can still manage the account, however, the account is one of your internet assets. ( I've written about the importance of your ownership of your internet assets in another post.)

* Paid Inbound Links:
Years ago, cross linking (you list my website on your site, and I'll list yours on mine) was a popular way to increase traffic and give the impression of a site being popular. That tactic was quickly disregarded by all search engines and cross-lining was soon replaced by purchased inbound links. For a fee you could have your company and website listed on numerous worldwide sites which would offer a guarantee of high volume traffic to your site. This volume, again, gave the impression that your site was popular and therefore would rank high in search results. With the release of Penguin, these kinds of marketing ploys are considered web spam, an artificial inflation of the relevance of your website. Google penalizes sites for being deceptive and your site may not only lose it's ranking, it can also lose it's place in Google's index. People tend to forget that Google owns the database that indexes the search results. If you are no longer in the database, then your site will only be found by someone with your specific web address.

* Article Sites. 
If you enjoy writing, article marketing was once a long-standing highly used tool to post your same content several different sites with a link back to your website. This practice no longer has the search popularity it once had and at worst, it can cause your site to be penalized by Google and therefore not show up in search results. There are a few legitimate, well respected sites to post your legal articles and receive search benefits.

 * Content Farms. 
No time to write? Thinking about hiring someone to write your articles for you, or reposting someone else's article, blog or news story to add content to your site? These are all considered farming by Google's algorithm Panda.  Ghostwriters have a similarity in their writing and seldom provide unique content to their clients. Instead they rewrite certain phrases, leaving the bulk of the article or blog appearing very similar to the one they wrote for someone else. Using someone who writes exclusively for you is second only to you writing your own articles. According to Google's webmaster guidelines, Panda is designed to reduce rankings for sites which are low-value add for users, copy content from other websites or sites that are just not very useful.  Google likes original, timely content that is informative, educational and useful to the reader. You can take a news story and comment heavily on it, providing a new perspective or in depth analysis, however, simply reposting the original story will cause your site to be considered a farmer, and of low value to searchers.

* Over Optimization
Optimize and SEO are buzzwords that have been chanted by many internet marketers with such a passion that many attorneys repeat these phrases as the holy grail fro their website, yet without any real understanding of what is it and how it can help or hurt your site. One method of over optimization is taking a keyword or phrase and over using it or repeating too many sentences on several pages or multiple sites. Repeating your tag line is one thing, repeating your area of practice over and again is over-kill. There are several other over-kill techniques that can cause your website to fall below the search engine approval. To get the best attention fro search engines, websites should be written for the reader and not for search engines.

It is important to your online success and identity to stay alert of any exposure on the internet. Not only to make sure your contact information is correct, but to make sure that the person's posting about you are known to you; are doing so with your permission and/or are in your employ.

The longer something is on the internet, the more difficult it is to remove. I once heard that the more times a lie is told, the more people believe it, it soon becomes assumed as the truth and more difficult to correct.

It's easier than you may think for someone to post erroneous information about you or post information that helps them to steal your clients or your personal identity.

Conducting a regular Google search, or using Google alerts is important, however remember there are several other large search engines that also may be storing information about you. Be alert, be proactive and be in better control over your internet assets.