TechnoLawyer: Law Firm Marketing/Publications/Web Sites

Watch the Video

TechnoScore: 5.0
1 = Lowest Possible Score; 5 = Highest Possible Score

I had never heard of a toxic Chinese drywall lawyer before finding this video. I was somewhat hesitant to watch the video, especially after seeing the Web site name ChineseDrywallClaims.com. I thought it might be a spoof at first, but I remember reading something in the newspaper about Chinese drywall. I thought the title implied that the lawyer was Chinese and somehow toxic. I was wrong. I took the plunge and pressed play.

The video opens with neatly dressed attorney Richard Serpe of the Law Offices of Richard J. Serpe, P.C. sitting in front of a pleasing background. A nice logo appears in the top left corner of his video, and contact information remains throughout the video in the lower left corner. The attorney does exactly what I always advocate in every video: Introduce yourself. "My name is Richard Serpe, and I'm a toxic tort lawyer helping people for the last 20 years." He then goes on to educate his viewer.

This attorney describes what type of problems defective Chinese drywall causes. Even more interesting is that the attorney has created a free report detailing the five steps you need to know about Chinese drywall claims. Attorney Serpe has taken the extra step of not only creating a free report for viewers to download, but he has created a Web site devoted entirely to Chinese drywall claims.

I give this attorney top marks for jumping on a newsworthy matter not only with a free report, but creating a timely Web site to attract visitors limited solely to Chinese drywall health problems. The piece de resistance was creating a video that incorporates each of these elements and doing it in an educational manner to inform his viewer about how devastating these claims can be and what they need to know.

From a technical standpoint, this attorney garners a top score of 5.0 — a score never before awarded in YouLaw.

Tip #1: Light it Up

Keep your background well lit. Nobody likes a dark, moody video. You're not making an indie film for the Sundance Film festival. You can tell from Serpe's video that his background is well lit, and appears to be his office and not a chroma-keyed background inserted from a green screen. Let me define that. Have you ever wondered how TV newscasts and some videos have amazing backgrounds? They do it by using a 'green screen'. A green background is used and video editing software inserts your special background where the green one is located. Not here. It's natural.

Tip #2: Display Your Contact Information Prominently

Your logo and contact information combined comprise your "firm identity." You do not need anything fancy. In fact, you don't even need a logo. It's just something different to set you apart from everyone else. Importantly, your contact information is crucial. This attorney chose to have his contact information visible throughout the entire video. I also do this in my own videos. This way, a viewer never has to search for your phone number during the video.

I'm going to nitpick for a moment since the contact information and the name of the Web site on the bottom left-hand corner of the video appears at times difficult to read, and could be improved. However, I felt this trivial finding was not prejudicial. Looking at the sidebar, I was hoping to find the phone number, but could not. Your phone number and Web site should be prominently displayed in the sidebar.

To see the vast number of choices you have to put your contact information on your video, just watch the evening news for a few minutes. You'll see many examples as each person is introduced with a different description. Remember to use a colored background to provide contrast to your text.

Tip #3: Music and Editing Matter

Remember, you are responsible for your choice of music. Make sure it matches the tone of your video. In the last YouLaw column I discussed how an ominous soundtrack created a gloom and doom feeling of hopelessness. In contrast, this video opens with a pleasing music intro that fades as the attorney begins to talk. It closes with another snippet from the same song.

But there's a problem of a different sort. The music used in this video was taken from a song by The Who (my thanks to editor Neil Squillante for pointing this out). When choosing the music, make sure you do not infringe on any copyright. This could be significant, especially for a lawyer. Many low- and no-cost royalty free music options exist. Also, if a viewer recognizes the music, it might distract from the message. Remember, it's not a music video, it's background music to set the tone for your educational message. Keep it light and simple. The message controls. The music is incidental.

Regarding editing, I noticed two or three points in the video where the transition between edited scenes could have been smoother and a cough or turn of the head could also have been edited out. These are insignificant points and I mention them only because after watching hundreds and hundreds of attorney videos I can now readily pick up these small points. However, most viewers will disregard these things.

Tip #4: Educate Your Viewer, and You Become the Expert to Call

The attorney refreshingly says that he could make this a 20 minute video by explaining in detail the five steps that any homeowner needs to know to determine if they have a toxic Chinese drywall problem. Thankfully, he directs viewers to his Web site where they can instantly download this free report. Instead of ending his video here, he then goes on to summarize the five different elements you need to know to determine if you might have a valid claim. By doing this, he establishes himself as a someone knowledgeable in his field of toxic Chinese drywall claims. He provides useful and beneficial information to a potential viewer with this problem. He gives them this information before they ever pick up the phone to call. This is a wonderfully executed marketing effort by Serpe.

Who do you think a potential victim is going to call? An attorney who provides useful information in an educational video, or a lawyer who simply says I've been in practice for 20 years and I handle the following 10 different types of cases? Call me because I'm giving you information you need to know and I have plenty more where that came from or call me because I'm great?

Attorney Serpe's take home message is very strong. He continually refers to his free informative report. This simply reinforces the fact that he's providing useful information about the dangerous chemicals contained within Chinese drywall. A viewer whose home has been destroyed by this toxic drywall would certainly appreciate learning this information and being directed to his report.

Conclusion

To summarize, this attorney has taken a timely subject in the news, created a free informational report that helps people understand the dangers of toxic Chinese drywall and what to do if they think they suffer from this problem. He then created a Web site devoted solely to these claims. This alone clearly differentiates him from most other attorneys who commonly advertise being able to handle at least 5 or 10 other types of law. After completing his informative report and his Web site, he then created a useful video designed to teach people about these claims, and explain to them how his free report will help them learn even more.

A well executed marketing plan that culminates with a video that takes top honors in this week's review. Congratulations.

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "1. Too long; 2. Too long; 3. Too long! The video was "dry," and made me want to hit a "wall." Drywall litigation is boring, and he does nothing to excite us. Mr. Serpe should just direct his customers to his Web site, where they may download these five steps. He lost me at "Hello.""

TechnoLawyer publisher and online video producer Neil Squillante says: "Richard Serpe clearly understands direct marketing. His free PDF report on contaminated Chinese drywall is a classic lead generation offer. Unfortunately, he needs help creating videos (sound from the right channel would be nice for starters). Also, did Pete Townshend give him permission to use the classic song, Eminence Front?"

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

Coming today to BlawgWorld: Our editorial team has selected and linked to 42 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

Dennis Kennedy Reflects on His Tenth TechShow

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This issue also contains links to every article in the April 2009 issue of Law Practice Today. Don't miss this issue or future issues.

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Originally published on March 30, 2009 in our free SmallLaw newsletter.

Twitter, the love-child of email and text messaging, exploded on the scene in 2007 and is growing at a rate matched only by the hyperactive media coverage surrounding it.

Buzz this intense usually stems from "irrational exuberance" so you might wonder whether Twitter, and close cousin FriendFeed, are fads. To find out, review what these technologies do, and then read some actual Twitter streams for examples of what they can do for you.

No Shortage of Ideas

Ideas for the use of Twitter abound, with more being dreamed up every day. Many uses have already become free software that you can try right on the Web. Such applications generally fall into one or more of the following categories:

1. Those that harness information posted by existing users to deliver custom-updates or power a more comprehensive application.

Example: Twittervision — Tweets pop-up and show a user's location in real-time.

2. Those that apply the lessons of Twitter in a private environment — usually with a proprietary twist relating to security.

Example: Yammer and Presently are Twitter-like services for businesses with enhanced security for private group communication.

3. Those that combine the immediacy of Twitter with the always-on capacity of cell phones and GPS technology.

Example: Twinkle alerts friends and colleagues of your location via Twitter.

The three categories take advantage of Twitter's core features — short messages, easy sending, instant feedback, easy customization. In essence, Twitter is whatever you want it to be.

But What About Us?

I've been thinking about what kinds of Twitter applications would suit my practice. I can already bill via Twitter, update my calendar via Twitter, and remind myself of useful links via Twitter, but nobody has really hit the bulls-eye when it comes to creating lawyer-friendly third-party Twitter applications.

For what it's worth, I'd like to see the following three applications (all names and descriptions are mine — to my knowledge these applications don't exist yet):

1. CaseTweet: Cases get their own Twitter identities that users can "follow." Public events such as filings, hearings, court deadlines, and the identity of parties and other lawyers on the case, could all be contained in its feed. Each lawyer's office could also enhance and combine information for a more complete picture of case activity — a la FriendFeed.


2. DocketTweet: Being #25 on the 10:00 call in one courtroom means you can show up at 10:30, but show up one minute late in another courtroom and the Judge will have already called your case and dismissed it for want of prosecution. What to do? This application would count down the cases preceding yours and let you know when yours is about to be called. Priceless.


3. TweetMinder: I'd like to see this application most of all. Combine location-awareness with calendar information and to-do's. The result: once you reach your destination the application tweets about each of the things you have to do there. Voila: instant schedule. Bonus: it will also find other lawyers on any of your cases if they're in the building. If you want to meet them you can send a quick tweet.

The Verdict

Sure Twitter and FriendFeed (which is really just a combination of multiple feeds) have applications for attorneys. We just have to create and use them. If we do, the sky's the limit. If you develop any Twitter applications in your office be sure to let me know. Happy tweeting everyone!

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

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Coming today to BlawgWorld: Our editorial team has selected and linked to 55 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

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Watch the Video

TechnoScore: 2.0
1 = Lowest Possible Score; 5 = Highest Possible Score

Michigan Medical Malpractice Attorney Lynn Foley of Cochran, Foley & Associates strolls into the delivery room and pulls your heartstrings with B-roll footage of the operating room, the recovery room, and other hospital scenes. Other than explaining that she knows her way around the hospital as well as a courtroom, the video does little to explain to me how she can help a potential client.

The video consists of a 30 second commercial followed by a PowerPoint presentation about her success stories. Admittedly, her successes are remarkable. However, the use of this video is, in my opinion, the wrong way to promote her achievements.

I was totally shocked to see her standing in an operating room with doctors and nurses who actually appear to be operating on a patient. The doctor is in the background operating while former nurse Foley is telling us that she is a medical malpractice attorney!

"Hello, Doctor! Wake up. Do you realize you have a medical malpractice lawyer standing next to you asking potential malpractice victims to call her? Hello? Anybody home?" I'm waiting for that "Gotcha" moment when I expect Foley to yell out "Doctor, you've just committed malpractice. I need to see your license and checkbook please."

"I can help you and your baby," is how she ends her comments. What bothers me most about this unusually placed video is that she fails to explain to a viewer how she can help. It's not an educational video. Rather it's a clear play on emotion. If you don't believe me, just listen to the soundtrack after Foley stops talking. I'm ready to get out my box of tissues. Doom and gloom devastation music — a bad tone for people already overwhelmed by the economy and constant gloom an doom in the news.

The video runs 1:55 and is short on education, long on images and music to make you think the world is imploding.

Tip #1: Location, Location, Location

Shooting your video in an operating room? During surgery? That rises to the level of chutzpah. "Chutzpah" means "nerve," "gall," and "guts." I say, "Ask the lion to open his mouth and stick your head inside." Then look toward the crowd and say "See folks, he's such a nice little lion," and moments later, the lion decides to eat you for lunch.

I'm sorry, but as a New York medical malpractice trial attorney, I can't imagine any doctor letting me into their operating room to videotape a clip to show how knowledgeable I am about going after negligent doctors. Maybe these people were actors, I don't know. But when choosing where to film your clip, use a little more tact.

Tip #2: When it Comes to Music, Go Upbeat and Keep it in the Background

Background music. Some lawyer videos have a soundtrack. Some don't. It's really a personal preference. If you use it, however, choose it with care and use it wisely. Remember, you are responsible for your content. You are responsible for your background music. Do not let someone else dictate what they think is good for your video. It's your call.

What impression to do you want to make? What is more important to you? The content? The images? The music?

My advice: Put the music in the background. Include more content in your message. In this video, the content was limited and the music was overwhelming.

Tip #3: Educate Your Audience (and Use Visuals Wisely)

I want to contrast this video with a video by fellow trial attorney Ben Glass. Glass interviewed DUI attorney Bob Battle in the middle of a field. Yes, a field. What makes Glass' video so different is that Battle discusses his recent legal victory involving a defective breathalyzer.

Importantly, Battle describes a story about how a defective breathalyzer was used in his client's case. He describes the steps he took to challenge the accuracy of the product. He then continues telling the story and explains how he accomplished his legal victory.

Watch the video to see how it differs from Foley's operating room setting.

Battle's content is excellent. He educates his viewer. By the end of the (somewhat lengthy) video, a viewer could easily believe him to be an expert — an expert out standing in his field — literally. Get the pun?

The sound is good, the content is relevant to someone charged with DUI in Virginia, and importantly, he doesn't sound like a salesman trying to sell you something. Instead, he explains.

I should tell you that Ben Glass is a friend of mine. Glass is one of the biggest proponents of education-based marketing for lawyers. But that's not why I highlighted his video. I did so because it's the perfect contrast to Foley's hospital-based video.

What's different about Battle's video compared to the Foley operating room video? Everything. As a potential client looking for an attorney, ask yourself which video portrays expertise and knowledge?

Yes, Foley's video shouts her achievements, which are impressive. However, many lawyers fail to realize that video is the best way to deliver your educational message to a viewer looking for an attorney. Don't squander it by saying "Come to me because I'm great." Instead, explain to your viewer how you helped prior clients with similar problems. Explaining what you did to accomplish that great settlement or verdict will provide much more credibility without you ever having to say "I'm the best."

Conclusion

I was really amazed at Foley standing in the operating room while a doctor operated on a patient. It's just not right. You know what I mean? It's bad enough that the public portrays personal injury and medical malpractice lawyers as ambulance chasers. In this video you don't even have to worry about the ambulance. She's looking over the doctor's shoulder while he operates.

For the choice of shooting the video in the operating room, I gave a chutzpah award of minus two points. For the devastatingly depressing music I had to deduct another point. Give these viewers some hope that you can help solve their problems. You can't do it with such tragic music.

Finally, don't shout your message. Explain and educate. The bottom line is that a viewer wants to hear how you can solve their legal problems.

Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "Wow — I liked this video a lot. Lynn really comes across as credible and trustworthy because of her noteworthy status as an attorney and a nurse. I believe "birth injury attorney" is a highly-specialized niche, and she should market herself as such, not just "medical malpractice attorney." The only thing that confused me is that the video seems to repeat itself, and doesn't have a logical beginning/ending. It seems to end ... and then restart ... and then she repeats herself. Other than this — this video really captured her as an attorney with a human heart. Great job."

TechnoLawyer publisher and online video producer Neil Squillante says: "Isn't is negligent to walk into an operating room in street clothes? Just kidding but this video marries some strange though attention-grabbing footage with a repetitive script. It would benefit from some surgery courtesy of Dr. Final Cut Pro."

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

Coming today to BlawgWorld: Our editorial team has selected and linked to 60 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

Review: Redacting with Redact-It Desktop

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Law Firm Web Sites That Work

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

How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of legal technology, practice management, and law firm marketing, but not the only coverage. To stay on top of all the noteworthy articles published in blogs and other online publications you could either hire a research assistant or simply subscribe to BlawgWorld. The BlawgWorld newsletter has received rave reviews and is free. Please subscribe now.

Coming today to TechnoFeature: Should you take on a new client? Where can you find new clients? How can you better serve existing clients? Charitable donation records can help you answer these questions. The NOZA database provides information on more than 40 million charitable gifts by individuals and companies. We asked Mike Schley, a business attorney and frequent TechnoLawyer contributor, to assess the usefulness of the NOZA database for the legal profession and rate it using our TechnoScore system. As usual, Mike delivered a comprehensive and useful review.

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Coming today to Fat Friday: Ross Kodner responds to some criticism stemming from his SmallLaw column, The Rise of BigSolo, Ashe Lockhart reviews SherWeb and AppRiver for hosted Exchange and BlackBerry Server; he also discusses the future of Software as a Service (SaaS), William Tait tells us how he really feels about challenge response software, Steven Schwaber explores the ethical problems with social networking for lawyers, and Stephen Silverberg shares some wise words for backups. Don't miss this issue.

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Watch the Video

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

Three things you never want to see in a law firm video:

1. The lawyer's nostrils.
2. The ceiling lights.
3. The lawyer reading from a computer screen.

Kenneth A. Vercammen of the New Jersey law firm, Kenneth A. Vercammen & Associates, creates a video that unfortunately has all three of these items.

Vercammen positioned his camera on his desk which has the effect that he is looking down at the camera and the viewer as well. It makes you feel, well, little. It's a good thing this lawyer's video is so poorly lit, otherwise you'd be able to see right into his nostrils.

The main reason the lighting is so poor is that the camera is focused on the ceiling light. The camera thinks the ceiling light is the main light source, which causes the camera to make everything else dark, including the attorney's face. The placement of the camera is a significant problem, and it's obvious that the attorney never looked to see whether he was properly positioned within the viewfinder frame.

There are so many issues with this do-it-yourself video that it just defies correction. My advice: Take the video offline and pay a professional to create a good video.

Tip #1: Calibrate the White Balance

Always calibrate the white balance before shooting your video. This takes all of 10 seconds to do. You need a white posterboard from Staples or Costco. Cost: $1.49. Place it on your chair and zoom in on it. Press the white balance button and lock it. This tells the camera that this object is really white. The camera adjusts all other colors accordingly.

If you fail to do this step, your entire video will be darkly lit and you will have wasted your entire afternoon producing an unwatchable video.

Tip #2: Place the Camera at Eye Level

If you're using a camera and do not have a tripod, get a stack of books and pile it high on your desk so the lens is at your eye level. Do not point it up toward the ceiling. Remember, nobody wants to see inside your nostrils.

Also, how do you feel when someone "talks down" to you? By putting the camera lens at eye level you create a bond that you certainly cannot obtain by looking down.

Tip #3: Don't Read From a Script

Do not read from a script or from text. I've said it repeatedly. When a client comes into your office, before you answer their question do you say "Wait! Hold on one second. I have to go grab my script before I can give you an answer."

It sounds so obvious, right? Reading from a script or text is stilted and boring. Create an outline and tell your viewer what you want them to know. Don't give them a legal citation thinking they'll go to the law library to look it up. Instead, pretend you're sitting at your kitchen table talking to your best friend. If their eyes glaze over, you can bet every viewer will feel the same way with a dry and emotionless set of legal facts that nobody wants to hear.

Conclusion

I couldn't even get through more than one minute of this 3:41 minute video. I couldn't pay attention to what this eager attorney was trying to say — something about the need for having a power of attorney for gay and lesbian partners. I learned about this topic only from his title. On his sidebar he posted what looks like a monotonous script, word for word, after which he provides a verbose resume of his career accomplishments.

The video could be so much better. Change the camera angle, set your white balance, ditch the script and be yourself. The topic is an important one. However, when you lose a viewer's attention within seconds, they will not stick around long enough to hear what you have to say.

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "This is hands-down, the worst video I have ever seen for marketing purposes. First, he is pointing the camera at himself. Second, he is reading from a screen. Thirdly, he is a horrible reader! Bottom line: This is a cheap home-made video that depicts him and his firm in the worst light ever. Putting this video out in the public domain is announcing to the world that he is a slacker! If Mr. Vercammen puts in the same effort practicing law as he does marketing, his clients are in trouble."

Lawyer, journalist, and legal media consultant Robert Ambrogi says: "There is so much wrong with this video that it is difficult to know where to start. First is the framing and perspective. It feels like he is looking down into a hole and the viewer is at the bottom looking up. Second is the lighting and focus. He is backlit and blurry. Worst of all is his presentation. He is clearly and clumsily reading a script in a monotone that makes him sound bored with his own topic. Even at just over three minutes, this video is painful to sit through."

TechnoLawyer publisher and online video producer Neil Squillante says: "I'd prefer watching a blank screen than this painfully bad video. Kenneth Vercammen seems earnest about his subject matter, but his video proves beyond a reasonable doubt that production values matter."

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

Coming today to BlawgWorld: Our editorial team has selected and linked to 54 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

How to Make Worldox Work Like Your File Cabinet

Client Collaboration and the IKEA Effect

The Secrets of Thriving Law Firms

This issue also contains links to every article in the March 2009 issue of Law Practice Today. Don't miss this issue or future issues.

How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of legal technology, practice management, and law firm marketing, but not the only coverage. To stay on top of all the noteworthy articles published in blogs and other online publications you could either hire a research assistant or simply subscribe to BlawgWorld. The BlawgWorld newsletter has received rave reviews and is free. Please subscribe now.