TechnoLawyer: Law Firm Marketing/Publications/Web Sites

Watch the Video

TechnoScore: 1.0
1 = Lowest Possible Score; 5 = Highest Possible Score

Steve Gordon of Gordon and Elias, Arizona

How would you feel watching a video in which you see a nice family having a meal together, leaving in a car, and suffering a catastrophic car accident, complete with screams, glass shattering, ambulance lights and siren, heart beat audio in the background, scenes of the emergency room, and even a trip to the lawyer's office? That's what you see in this truck accident reenactment by Gordon & Elias.

Contrived and overdone, this video tries to play on your emotions complete with a badly bruised child, a trip by the widow to the cemetery to lay a single flower on her husband's tombstone, the widow at home overwhelmed by her bills, etc. When she poignantly touches her deceased husband's photo, I can't take it anymore. Get me some tissues. I need to blow my nose. There's another two minutes to go. Ugh.

Steven Gordon keeps interrupting my tearful thoughts about this family's tragedy. I want to hear more about this horrific injury and what will happen to the terrible trucker who presumably caused their life-altering tragedy.

The video also has courtroom scenes, again presumably a re-enactment. Using the same widow (actor) on the witness stand, Steven Gordon standing in front of a jury with an exhibit of an accident scene, a judge looking concerned for the welfare of the widow, and even a scene of the widow sitting at counsel's table thanking Gordon presumably after a verdict in her favor.

"We wish you had not gone through what you went through, but you have," says Gordon. I'll say it again! Give me a break. This video is too long and too contrived.

Tip #1: Don't Drive Away Prospective Clients

In the famous British video about the risks of texting while driving, you see and hear screams, glass shattering, and steel crunching. That was clearly the most horrific video I'd ever seen. That video went viral and had a significant educational message best described visually. That's simply not the case here.

If you really want to scare viewers, why not educate them about how difficult it will be to prove damages in their case? Why not explain to them that society's values are changing, which may make it difficult to obtain proper compensation for their injuries?

Bottom line: Don't drive away prospective clients with an expensive and unnecessary reenactment.

Tip #2: Use Real Case Examples

Instead of recreating every sympathetic aspect of a tragedy, why not instead use specific examples of cases you've handled and how you've helped those victims? Get their family members on video to explain what they went through instead of paid actors. It's much more believable and palatable.

Tip #3: Are You Providing Useful Information?

You are ultimately responsible for the content in your own video regardless of who produces your video. If you have failed to provide any useful content, ditch the video and start over. No one wants to watch a soap opera about a fictional case.

Till next time, see on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "This was an excellent YouTube video. It really pitches the firm and gives you a warm feeling that lawyers can be your friends, even in an ambulance-chasing environment. Steve Gordon does a great job narrating, and his friendly demeanor is easy to follow."

TechnoLawyer publisher and online video producer Neil Squillante says: "I've seen more frightening car accidents in PG movies so the video does not need the warning at the outset. In fact, the video would benefit from an editor to shorten its overall length. Still, by recreating a car accident, Gordon & Elias has differentiated its video from other law firm videos. Only time will tell if this approach can succeed."

About YouLaw
YouTube offers law firms a free advertising platform with tens of millions of potential clients. But a poor video can hurt more than help. In this column, lawyer and online video expert Gerry Oginski reviews and rates the latest law firm videos. A panel of fellow experts (The Back Bench) add to Gerry's reviews with pithy remarks. We link to each new YouLaw column and all other noteworthy law firm marketing articles in our weekly BlawgWorld newsletter, which is free. Please subscribe now.

About Gerry Oginski
New York trial lawyer Gerry Oginski has created more than 230 informational online videos for his medical malpractice and personal injury practice. Realizing that most video producers don't have a deep understanding of the practice of law and what potential clients look for, Gerry launched The Lawyers' Video Studio, which provides free tutorials and video production services. If you need help producing a video, please contact Gerry now.

Contact Gerry:
T: (516) 487-8207
E: lawmed10@yahoo.com

Originally published on January 4, 2010 in our free SmallLaw newsletter.

Ah, the holidays. The togetherness of Thanksgiving, the childlike glee of Christmas morning, the excitement of New Year's Eve, the self-loathing that washes over you the next morning. Luckily, New Year's Eve is not only a time for reflection and renewal, but a great excuse to drown your regrets in a sea of moderately-priced champagne. Wait a second. Reverse that. Let's take a moment to peer into the future of small law firms in 2010.

1. Social Media Gets Real

Social media has been through the ringer — starting out as the darling of overpaid consultants in January, exposed as hot air by June, and falling short of overheated industry expectations by December. Does this mean social media has had its day among lawyers and will fade back into the shadows from whence it came?

Not exactly. As with all technology trends this decade, social media was shunned, then hyped, and then discarded by lawyers, which means that we can now look at it realistically. Of course you're entitled to have doubts, but when giants like LexisNexis get on board the social media train, as they have with Martindale-Hubbell Connected, you know something serious is happening.

My advice: if this year's novelties are next year's indispensable tools then you'd best learn to be social or suffer the consequences.

2. Legal Media Goes Real Time

Its official — books, newspapers, and magazines are on life support. Once upon a time, the paperless office existed only in large firms that hired large vendors.

Today, small firms and solos can do the same, but why now? Two reasons. First, the price of digital information has fallen mighty close to zero so it is hard to ignore. Second, lawyers want to win every argument. That means having up-to-the second information. Print can't do the job.

Of course you will still read books, magazines, and newspapers next year — unless you've switched to one of the e-readers propagating all over the place — but serious work must be done in real time and that calls for digital content. One more thing — before you know it, failure to use tools such as Twitter feeds and mobile platforms will be tantamount to professional negligence (don't say it can't happen).

3. Real Time Gets Social

You've probably heard of Google Wave, the real time collaboration experiment by Google combining instant messaging, email, online document creation, video conferencing, audio conferencing, file-sharing, and wikis.

With all these features and a pedigree like Google's behind it, you'd think that Wave couldn't miss. But it did. And the reason turned out to be plain old information overload. Most people who tried Wave needed a nap and a cold compress afterwards, leaving the rest of us yelling into a void.

Which reminds us that it takes two to collaborate. In 2010, we will see a variety of more limited, and more successful, experiments with real time collaboration. After all, instant sharing may prove the only way to cope with a world of instant information, and instant collaboration brings that information to life in a way that you just can't accomplish on your own.

4. Content Is No Longer King

Traditionally, law firms were lifelines for their clients, who would surely drown in the complexity of the legal system or be ambushed by obscure legal information without the advice of counsel.

Today, prospective clients are more capable than ever of identifying and resolving their own disputes without the intercession of a lawyer. As legal services continue to unravel, the content sold by lawyers — forms, advice, research, even representation itself — can all be found a la carte, and for less.

Compare us to the publishing industry, which has undergone a similar upheaval. Once the market was robust enough to support a multitude of niche publications. Today, the major publications are barely surviving, and everyone else has gone home.

But what will happen to the brilliant insights, riveting reporting, and killer advice offered by those niche players? Doesn't their unique content make them immune to market forces? For that matter, doesn't our content make us immune?

Since it turns out that nobody has a monopoly on good information, good advice, or good judgment, the answer is "no it doesn't." Law firms can fail too.

5. Outsourcing Gives Way to Insourcing

In a world where the Internet has flattened space and shortened our time to think about nearly everything, location has become nearly irrelevant. Research done in Texas or Hyderabad can be combined with drafts produced in Tennessee or Hong Kong to be presented by an attorney in New York.

Outsourcing is nothing new. However, as costs fall and people overcome their skepticism, this kind of scenario will become increasingly common in 2010. In addition, as communication and collaboration costs fall to zero clients will demand to benefit from the savings (translation: downward pressure on rates).

Every lawyer has heard about "outsourcing" to foreign destinations, but this year more of us will discover that work can be "insourced" to states with higher attorney unemployment. Does it sound like I'm celebrating the misfortune of others? Maybe a little, but at least this way we can keep the jobs from going overseas. Besides, I heard the lawyers in India are asking for competitive wages now. Where do they think they are? America?

6. Everyone Gets Online

While I was going to confine myself to five predictions in this piece, I couldn't help adding a bonus prediction. After 10 years of beating the drum for legal participation on the Internet, I can safely say that those of my colleagues who were ever going to get online will have done so by 2010. If the train hasn't left the station yet for the remaining holdouts, the horn is now blowing and the conductor is closing the doors. All aboard!

One More Thing

SmallLaw's first year was a blast. I want to thank each and every reader for inviting me to rant on their computer screens once a month, I would also like to pay my respects to the editors at TechnoLawyer who put up with so much from me in 2009. I can't promise that 2010 will be any easier, but I will try to only make it slightly harder. Happy New Year everyone.

Written by Mazyar M. Hedayat of M. Hedayat & Associates, P.C.

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Originally published on November 23, 2009 in our free SmallLaw newsletter.

I recently caught a rerun of Terry Gilliam's 12 Monkeys, a brilliant film that asks whether people would heed a warning from the future about the future. Apparently the answer is no. In the film, psychiatrists diagnose a messenger from the future as a sociopath and lock him away. There's a message in this movie for small law firms.

If someone told you that everything you took for granted would soon change or be swept away altogether, would you believe them? I didn't think so. Besides, we small firm lawyers are too busy running our offices, connecting with clients, staying current, doing research, keeping pace with technology, and trying in vain to have a personal life to look ahead more than a few years.

When your day revolves around deadlines, to-do items, calendar events, and meetings, you have no choice but to focus on the present at the expense of the future. And if it ain't broke, why fix it anyway? Whether it's a dated piece of hardware, a 10 year-old chair, Windows 95, or a Compaq gathering dust in the corner, the devil we know is better than the devil we don't.

2001: A Web Odyssey

Even those of us wedded to our traditions would probably jump at the chance to make our professional life easier, right? At least that's what I thought when I created a Web site to gather the body of legal information and programs slowly building on the Internet in the late 90's.

In 2001 I introduced eLawCentral at the ABA Tech Show as the first interactive Web portal for lawyers. Back then most people used Yahoo if they were online at all. eLawCentral was built on the theory that as knowledge-workers, lawyers would want to save time and money by using and sharing resources online. Despite some initial curiosity however, interest dropped off fast.

It seemed as if the vast majority of lawyers simply could not figure out how the Web could help them, much less why they should spend time on the site. We limped along for another year but after the dot-com bust in 2001 I closed shop, returned to lawyering full-time, and channeled my enthusiasm back into law practice … for a while.

2004: Kicking It Old School

Despite my efforts to remain focused, by 2004 I was on the lookout for Web innovations again. This time I found blogging. The first blogs I developed were for the bar association committees that I chaired. That year I also began giving seminars about the future of law practice, contributing to discussion groups, and doing whatever I could to share my vision.

What was that vision? Home pages for every lawyer and judge, downloadable decisions with embedded hyperlinks, oral arguments as podcasts, RSS feeds for every courtroom, etc. I saw it all as if those innovations already existed — because most of them did. It's just that nobody wanted to use the tools.

Local attorneys who read my blogs were tepid about the suggestions at first, and then declared angrily that they had gotten by fine without the Internet, and eventually stopped reading my posts altogether. But the more they ignored my warnings the more emphatic and provocative my writing became. Ultimately, it was no use. Lawyers circa 2004 had not acclimated to the Internet and nothing could change that but time.

As for the judges, they were not as polite. The bench was openly hostile to the Internet and considered it a source of misinformation, depravity, or worse. Maybe they resented having to learn how to use a computer, preferring to thumb through books in a library, or did not care whether they had all pertinent information before reaching a decision. Maybe they were simply creatures of habit.

Whatever the reason, I got the message loud and clear at the annual bench-bar conference in 2004. As I stood before the gathered judges and bar leaders I reeled off the reasons why they should incorporate the Web into their research, embed hyperlinks in their opinions, create homepages with RSS feeds, publish their decisions online, and all the rest of it. I was shouted down before I got to the end of my speech, but it was probably for the best. The court was no more prepared to accept the future than my peers.

2005: Pinging Me Softly

By 2005 the legal Web was showing signs of developing real traction. For several years, lawyer-bloggers like Dennis Kennedy and Bob Ambrogi, as well as lawyer-entrepreneurs like Tim Stanley and Richard Granat, had demonstrated that technology could liberate consumers of legal services (including lawyers and judges).

By then the Web had become integral to my practice. In the decade since law school it had enabled me to leverage information, compete with better-funded rivals, establish a virtual office, secure bigger clients, and work with people from around the country. The forces in motion by then would inevitably change the profession whether that change was welcomed or not.

Most of the innovations brought about by the Web involved sharing information. Large firms eclipsed small firms in the adoption of these technologies, perhaps at the behest of their clients. Only now, five years later, have small firms begun to catch up.

Back to the (Future) Drawing Board

So what about the future? Frankly I'm not sure. I don't live there anymore. I decided that being timely was better than being ahead of my time — or at least less bruising to my ego. But I'm hopeful.

Although the profession took its sweet time incorporating the Internet, it seems to be making up for lost time. Scarcely a day goes by that I don't find another innovation designed for lawyers: Basecamp, Bill4Time, Clio, DocStoc, JDSupra, LegalMatch, etc. The Web has become a commodity like electricity and running water.

The biggest surge of creativity in this space may lie ahead of us. Maybe the End of Lawyers isn't around the corner after all. But given my experiences, I refuse to make any predictions. Instead, I'll get back to you in a few years.

Written by Mazyar M. Hedayat of M. Hedayat & Associates, P.C.

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Originally published on December 14, 2009 in our free BigLaw newsletter.

With all the advice out there about online social media — Refine Your Use of LinkedIn, Have LinkedIn Groups Lost Their Appeal?, The Value of Twitter, What About the Twitter Naysayers? — to name just a few recent articles, it's hard to know which to follow. To complicate matters, most large law firms have not yet adopted social media policies. That leaves proper use of social networking within the discretion of associates.

Having work-inappropriate content in your profiles — or in the Google search results for your name — can cause embarrassment or worse at work. And for unemployed law school graduates and former associates, an unsavory online footprint can inhibit job prospects. You may not think so, but BigLaw is watching. The tips below can help associates and would-be associates draw the online shades.

1. Monitor All Your Social Media Accounts

In your zest to put up a new profile, don't forget to make it private. Keep whatever profile information visible to others in Google searches conservative. Avoid featuring alcohol, suggestive clothing, or guns in your primary picture and review your "fan of" settings with a critical eye.

Also, remember to link all your profiles to email addresses that you check regularly so you can monitor information posted by others to your account (such as tagged photos, @username replies or comments).

If you use Facebook, take note. Two weeks ago, the world's largest social network made it easy to publicly disclose formerly private information. Carefully review the new privacy settings in your account.

2. Keep Your Friends Close and Your Co-Workers Further

Don't add partners or counsel as friends on Facebook or Twitter unless you intend to keep your profiles G-rated and business only. You should also think twice before adding co-workers who may not have your best interests at heart as friends or giving them full access to your profiles.

If you've already added colleagues that you wish you hadn't, put them on limited profile view settings retrospectively or even block or de-friend them. Most people have so many friends that when the "lose" a friend online, they can't easily determine the offender's identity.

3. If Your Firm Has a Group on Facebook, Don't Join It

Both officially sanctioned and rogue law firm Facebook groups are monitored by human resources and media relations. Your mere presence in the group alerts co-workers and the powers that be to your Facebook profile and reminds them of your greater online activity.

4. Think Twice Before Posting Under Your Real Name

Many associates have interests outside of law that they hope to keep invisible to partners and clients. Unfortunately, Google can't create multiple search results for your name. Once you publish an article on bird-watching, your colleagues may soon know about your avian hobby. So before you publish anything, decide whether you care if firm colleagues discover it. If yes, consider using a unifying pseudonym for your outside interests. That way you can build a separate trail (and a resume) for your "alter ego" without tampering with your name's Google search results.

5. Manage Negative Search Results

Unfortunately, you can't delete negative Google results for your name query (short of asking the webmasters of the offending sites to remove your personal information). However, profiles registered under your name on Facebook, Twitter, LinkedIn and other high ranking Google sites can help bury negative results that originate from lower ranked sites.

Creating a Google Profile can further help you combat negative information with positive information that you add, but it won't drive down negative results because it appears on the bottom of search pages.

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Coming today to Answers to Questions: Eric Fagan shares six tips for new lawyers, Steven Schwaber discusses an alternative to postage meters, Tom Trottier provides a few tips for permanently destroying a hard drive, Brad Jensen shares his thoughts on the future of digital media, and Kerry Hubick reviews Gadwin's PrintScreen utility. Don't miss this issue.

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A Second Look at the Cost of a Document Management System

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Law Firms on Demand

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Coming today to BlawgWorld: Our editorial team has selected and linked to 66 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

Paste Unformatted Text (Slightly) More Easily in Word (Mac)

Optimize Your Website for Mobile Users

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Why Big Firms Don't Blog Well

This issue also contains links to every article in the December 2009 issue of Law Technology News. Don't miss this issue or future issues.

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Watch the Video

TechnoScore: 3.5
1 = Lowest Possible Score; 5 = Highest Possible Score

Michigan real estate attorney Timothy Klisz of the Klisz Law Office says "Hi," and introduces himself right away. That's good. His introductory graphics last 10 seconds — a bit too long for my attention span. He then starts giving very good information about foreclosure and different options that you, as a homeowner, should consider. Great tips and good use of video to educate a viewer. So far, he's got my five TechnoScore points.

During his discussion lasting 3:03, he uses PowerPoint-like bullet headings to emphasize his comments. Still good, but now I'm getting distracted by the graphics to the side of his bullet points. There's a vertical graphic of his Web site address to the left of the written comments he's talking about, but inexcusably, the font is pointed in a way that you'd have to turn your head 90 degrees to the left (counter-clockwise) to read it. There's also an animated graphic of his name to the left of that in big bold letters running vertically. This design is distracting and way too slick for my taste.

Okay, he lost half a point here, but he's still going strong with his informational message.

While Attorney Klisz is talking, every few seconds (I didn't count exactly, but it's often) a fly-in graphic displays his Web address and phone number. Each of the letters within the graphic rotate independently and in sequence. If that's not distracting enough, Klisz's 800 number also flies in underneath the Web site graphic. I lost Klisz's message while focusing on the over-the-top graphics, which cost this video a full point and a half.

What I think happened here is that an experienced attorney with a timely message got overshadowed by the extras the video company offered. Animated graphics may work well for CNN or even my favorite, The Daily Show, but they don't belong in an educational piece designed to persuade consumers facing foreclosure to call you.

Tip #1: Skip the Fancy Graphics

Tell your video producer not to spiff up your video with fancy graphics and slick-production tools. Am I being too nit-picky? I don't think so. My goal is to look at the video from the viewpoint of a consumer looking for an attorney. If I think the video is too slick, I may just go elsewhere for my legal needs.

Tip #2: Skip the Distractions

Ever wonder why many online sales pitches exist on special "landing pages" without sidebars, search buttons, ads, etc.? Just read the copy and fill out the form. It's the same reason that casinos are difficult to navigate once inside. They don't want you to leave. Nor do they want you to get distracted. Just pay your money and have a great day.

Your video should employ the same design philosophy without telegraphing it. Don't create distractions for your viewers. Don't give your viewers a reason to leave. Fancy graphics, moving backgrounds, sound effects, etc. may drive people away.

Tip #3: Improve Your Message

You've created an excellent message. You want to use bullet-points to emphasize your comments. You want different video angles (close-up and wide). Your background is pleasing and your lighting is just right. How to improve your message? Make your graphics static. Instead of having them fly in and out, create a single graphic incorporating your Web site name and phone number and leave it up, discreetly, during the entire video. Put it in a corner or at the bottom. This way, it's instantly visible at all times and not distracting at all. Stick to the basics and you've got the makings of a great attorney video. Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "Pretty good video, except one major flaw: eye contact. He needs to look at the camera. I like how it described the three major crises in real estate; however, it needs to be more concise. Brevity is next to godliness in advertising!"

TechnoLawyer publisher and online video producer Neil Squillante says: "I finally learned something from a YouLaw video. Fortunately, I don't need Timothy Klisz's advice on how to handle a distressed mortgage, but plenty of people do. This informative and well-made video should generate new clients for Klisz Law Office."

About YouLaw
YouTube offers law firms a free advertising platform with tens of millions of potential clients. But a poor video can hurt more than help. In this column, lawyer and online video expert Gerry Oginski reviews and rates the latest law firm videos. A panel of fellow experts (The Back Bench) add to Gerry's reviews with pithy remarks. We link to each new YouLaw column and all other noteworthy law firm marketing articles in our weekly BlawgWorld newsletter, which is free. Please subscribe now.

About Gerry Oginski
New York trial lawyer Gerry Oginski has created more than 150 informational online videos for his medical malpractice and personal injury practice. Realizing that most video producers don't have a deep understanding of the practice of law and what potential clients look for, Gerry launched The Lawyers' Video Studio, which provides free tutorials and video production services. If you need help producing a video, please contact Gerry now.

Contact Gerry:
T: (516) 487-8207
E: lawmed10@yahoo.com