TechnoLawyer: Law Firm Marketing/Publications/Web Sites

Watch the Video

TechnoScore: 4.5
1 = Lowest Possible Score; 5 = Highest Possible Score

The other day on Twitter someone commented on this video by Lee Rosen of the Rosen Law Firm about whether your posts on Twitter and Facebook can be used against you in a divorce proceeding. Having become an avid fan of Twitter and Facebook I was intrigued.

I have to say I was very impressed. The initial graphic of his law firm's logo, subtle introductory music, and stark black background made this video stand out from most other attorney videos I've seen.

"Can your Facebook, Twitter, and email communications be used against you in a divorce?" he says to start the video. Direct. To the point. Clearly an educational message that his intended audience wants to learn about.

He then does exactly what should be done in an attorney video. He introduces himself. "Hi, I'm Lee Rosen from the Rosen Law Firm." Importantly, he then thanks the viewer for watching. "Thanks for watching." From that point, I expect an answer to the initial question. I'm not disappointed. Rosen starts answering his own question immediately after his introduction. Good move. As a viewer, I'm hooked.

However, I glance over at the scrubber bar, which tells me that this video runs for 4:55. Ugh. I hold off making any judgment about the length of the video until I watch it completely. I then happen to glance at the number of views this video has received and I'm shocked to see more than 89,000 views over the past 6 weeks!

Kudos to Rosen for his educational message. He actually provides information in his video unlike 99% of attorney videos. He's not trying to sell you anything. He's clearly establishing himself as the expert with his educational message, without ever having to say, "Come to me because I'm the expert."

Tip #1: Create a Catchy Headline

Rosen has clearly attracted viewers who use Twitter and Facebook not only to talk about his video (viral buzz) but to click on his video to learn whether the information they post online can later be used against them. I won't give away the punchline in his video message. You should watch it to learn how the title captures your attention and make you want to watch the video to learn the answer. An excellent headline.

Tip #2: Think Different

Rosen's video looks different. How? He uses a totally black background. He's well lit in the front and the stark contrast makes him visually stand apart from most other attorney videos.

Being creative in this case involved nothing more than saying "Let's try a different background. Everyone else uses these light colored backgrounds. Let's create a different look."

Being different is eye catching and creates more intrigue just as you are deciding whether to click play on this video.

Tip #3: Ask and Answer a Realistic Question

Ask a question that is on the minds of your prospective clients. Then, in a simple, straight-forward way, answer the question. Seems simple right? Not exactly. Let's talk about technique first, then content.

Rosen talks right to you — the viewer. He looks at you straight on as if you're in his kitchen and he's giving you the answer in person. I like that style and I like his down to earth reply. Calm, pleasant, and knowledgeable. Many lawyers prefer the interview style in which they pretend they're being interviewed and the camera catches them at an angle. They believe the interview style gives them more credibility because they're viewed as the expert being asked questions.

I will tell you that when I watch a video clip, if I have a burning question I want answered, I like it when the viewer looks me in the eye and gives me an answer.

If you can't decide which style you want in your video, ask yourself this question. "When I'm talking to someone in the office, or at a party, do I prefer when they answer me while looking somewhere else, or when they look directly at me?"

Let's move onto content. Rosen talks the talk. He gives realistic and useful answers. He does not pull punches, and doesn't tease you by saying "I'll give you the answer only if you call me." It's a great educational message and a model for lawyer videos.

Conclusion

An excellent video with excellent content. My hat is off to Lee Rosen. However, as much as I wanted to give him a perfect score, I couldn't get out of my mind the length of his video clip — almost 5 minutes.

Many attorneys love to talk and Rosen is no exception. Even though his message is 100% on target, his video drags on beyond the attention span of many viewers, myself included. For the excess verbiage and his lack of a phone number in his search engine box, I deducted a 1/2 point. Still, a well-deserved high score.

Despite the verbose clip, I was eager to see more of his videos to see what he's done with other topics. I was not disappointed. He is a natural in front of the camera and this attorney video clearly sets him apart from his colleagues in Raleigh, North Carolina.

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "Toooooooo Longggggggg! And to add insult to injury, he shamelessly reads from the teleprompter! The information he is providing is actually quite helpful. However, I can't seem to get beyond the dullness of it all. I find myself zoning after 10 seconds. Remember the saying is, "Lights, Camera, Action!" Well, at least Rosen has mastered the first two."

TechnoLawyer publisher and online video producer Neil Squillante says: "Excellent information, but the video runs too long, especially since the background never changes. How about a real life example? I like the moving logo that opens and closes the video. The Max Headroom effect looks interesting, but there's probably a reason TV producers don't use a black background."

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

Originally published on March 2, 2009 in our free SmallLaw newsletter.

Happy Days was a great show — it always had a happy ending but Fonzie provided an edge. But when the Fonz jumped over a great white shark wearing a bathing suit and leather jacket, I lost interest.

So imagine my disappointment when I realized recently that social networking has jumped the shark in the legal profession. How can I tell? A number of telltale signs exist, but first let's review where we've been.

The Rise and Rise of Social Networks …

Given their potential as tools for collaboration, information dissemination, and the creation of a knowledge-base, social networks should be a natural fit for lawyers; they certainly were for me.

In 2000 I went around advocating intranets, extranets, even online discussion groups, to affect lawyer-to-lawyer collaboration. By 2002 I got tired of taking about the subject and deployed an extranet of my own, increasing throughput ten times over by reaching into client offices.

In 2004 I jumped on the collaboration bandwagon again but once more my recommendations were rejected. The typical complaint: lawyers deal with subjects too sensitive to be discussed online. Besides, went the conventional wisdom, social networking was for kids.

Of course when News Corp. bought MySpace for a princely sum and Facebook's valuation exceeded that of most automobile manufacturers, lawyers across the country were left scratching their heads. What a blow it must have been then, when Twitter burst on the scene and changed the game once again. While Twitter's value remains to be calculated, it recently rejected a $500 million offer from Facebook.

I was cheerleading all along as evidenced by my SmallLaw column, Twitter and Friendfeed: They're Not Just for Britney Fans.

Jumping the Shark …

Have social networks become critical tools for lawyers or have they already jumped the shark? A few observations to help you decide:

Feel the Love

Social networks have the potential to create a place in which lawyers can exchange information, ideas, documents, referrals, and other resources. But a check of Facebook, LinkedIn, and the other places where lawyers congregate online reveals the same kind of "you show yours first" behavior that have always plagued collaboration outside of law firms. Remember people: both parties have to contribute before it can be called "sharing." Otherwise it's just "taking," even if you do it online.

It's the Economy Stupid

How the mighty have fallen. I can't go 24 hours without being approached by some Big Law refugee who wants to network. Really? Because I could swear that when times were better these same Ivy League desk-jockeys wouldn't give me the time of day. Now, however, through the magic of social networking, they can become my "friend" without being my friend … if you know what I mean. Isn't technology great?

A Bridge Too Far

In December 2008 I applauded the ABA's experiment in all things Web-based, LegallyMinded.

Indeed, the Web site could have been the first step towards a national conversation among lawyers, especially as firms cut hundreds of associates. However, just a few months after its launch, LegallyMinded could be mistaken for the ghost town known as Second Life. Whatever the fate of the project, the ABA certainly created a national laboratory with this offering. It remains to be seen how the experiment will end.

The Kiss of Death

The final sign that the social networking phenomenon has bitten the dust? Twitter and Facebook are being touted by county and state bar associations as well as by the ABA. In the famous words of a past president at my county bar, "Hey, I'm on Facebook! Now what?"

Hope Springs Eternal …

Although social networking may have jumped the shark as a way for the legal profession to collaborate, internal social networks continue to thrive. As usual Big Law has lead the way, gravitating towards pricey solutions such as Microsoft SharePoint. And predictably, many small firms use the hosted version of SharePoint.

But where does that leave cash-strapped sole practitioners who don't have anyone else at their firm with whom to share ideas and documents? If this need to share really exists, then perhaps I've jumped the gun. Maybe the legal-specific social networks will improve and gain critical mass. And maybe lawyers can learn how to properly use the big three — Facebook, LinkedIn, and Twitter. Maybe, just maybe, social networks haven't jumped the shark after all. Aaay!

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

How to Receive SmallLaw
Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

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Review: Livescribe Pulse Smartpen

Virtual Law Firms on the Rise

How Google AdWords Works (Video)

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Do Web Applications Cost More Than Software?

Overheard in Chicago: Foley May Hire 20 Big Law Refugees

Using the Web to Network

Don't miss this issue or future issues.

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Coming today to Fat Friday: Birney Bull discusses how document assembly transformed his practice, Phil Fragasso shares a story about what makes a successful rainmaker, John Kennedy explains the importance of knowledge management in a law firm, Bobby Abrams responds to a recent TechnoEditorial about OEM hard drives, and Thomas RuBane shares one of his favorite features of Microsoft Word. Don't miss this issue.

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Coming today to BlawgWorld: Our editorial team has selected and linked to 41 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

New Legal Technology Magazine Launches Without Web Site

More Lawyers Try Flying Solo

One Day in the Life of a Rainmaker

This issue also contains links to every article in the March 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: In the current economic climate, the old adage "Think Positive" can seem like an impossible feat. But if approached in the right way, the current recession could provide lawyers with a unique opportunity to emerge as thought leaders in their areas of expertise. In this article, law firm public relations expert Jay Jaffe explains how to use established low-cost and no-cost social media tools to grow your practice even in a down market.

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Originally published on February 16, 2009 in our free SmallLaw newsletter.

One of my 2009 predictions was that the pace of large law firm downsizing through layoffs, or even dissolving, would increase.

With Heller, Thelen, and Thatcher unthinkably gone, and the "Valentine's Day Massacre" already legendary despite occurring less than a week ago, the prognosis for "traditional" large firms is about as good as it would be for a Stage 4 cancer patient.

With a long dark winter ahead, according to Punxatawny Phil, Spring may not come at all this year for many BigLaw lawyers. As fallout from the economic chill that is gutting the bread-and-butter corporate business of BigLaw, an increasing number of large firm lawyers are jumping ship, before it sinks. And what are many choosing to do? They're going solo.

Yes. Solo.

From BigLaw to BigSolo ...

But these folks aren't ordinary solo practitioners in the way we've come to think of the category. So many solo practitioners have always practiced either on their own, or in small firm situations. They come up the hard way, fending for themselves, often with literally no staff at all, having to learn how to run a business, which most law schools never teach. Traditional solos not only have their JDs, but also a Ph.D from the University of Hard Knocks.

The lawyers emigrating from BigLaw are different. I call them "BigSolos" as opposed to the traditional "SmallSolos."

BigSolos have pinnacle level substantive knowledge in their single chosen practice area. For example, one of my clients is Nancy Hendrickson, recently a partner at Steptoe & Johnson's Chicago office and now the principal of the Law Offices of Nancy L. Hendrickson in downtown Chicago.

Nancy is an extremely experienced securities litigator. Now how many solos do you know who do any securities work at all, no less spend their time litigating securities matters? By contrast, SmallSolos often have general practices with a consumer focus — estate planning, family law, bankruptcy or personal injury work. Some SmallSolos represent small businesses as their outside counsel.

The BigSolo Paradox ...

But practice orientation is not even the biggest difference between BigSolos and SmallSolos.

Many large firm lawyers have always practiced in a BigLaw setting. They clerked for BigLaw while in law school. After their appellate clerkship, post-graduation, they became associates at BigLaw firms. They've wracked up 10, 15, or 20+ years at these firms. And now they're afraid for their jobs and book of business. They're worried about being laid off. They're worried about their firms suddenly doing a "Heller Ehrman" and announcing dissolution.

And most realize how little they know about running a business.

As Nancy Hendrickson observed, "I was used to having an army of staff available to help with everything — IT people whenever I needed them, paralegals and admin staff, not to mention the perks of large law firm life."

After years of being used to having endless staff to help with everything, and being insulated from the need to run, or the knowledge of how to run a law practice as a business, BigSolos may be ill-equipped to face the sudden and sometimes harsh realities of being a small business owner.

From the perspective of a new BigSolo, Nancy Hendrickson noted "that it's hard for clients in this economy not to be attracted to the same services at the lower rates I can now bill. The reaction has been overwhelmingly positive and I'm busier than I had expected. Clients are not only okay with my move to solo practice, they're thrilled at the lower cost impact on their businesses."

Notwithstanding these advantages, Nancy is the first to admit she needs professional assistance on the administrative side of her practice, especially technology and marketing. She astutely concluded that representing herself pro se on her own technology issues made little practical or economic sense. But will all newly minted BigSolos be so prescient? Hard to say.

The paradox is the gap in knowledge — a BigSolo might be a published, top expert in their specific substantive practice area, but may simultaneously be at the bottom of the curve in knowing how to start and run the mechanical and administrative side of law practice. Many also may not be used to having to make rain. A former colleague, perhaps the department chair while at BigLaw, may have been the rainmaker who showered business upon them. And now, the BigSolo must wear many hats:

• Rainmaker
• Firm Administrator
• Office Supply Manager
• HR Manager
• Facilities and Leasehold Manager
• Public Relations and Marketing department
• Webmaster/Blawgmaster/Twitterer
• CLE Compliance Administrator
• IT Manager or IT Liaison with Outside IT Personnel

Oh yes, and one more, if in fact there's time:

• Lawyer

BigSolo Versus SmallSolo ...

What does BigSolo mean for the solo and small firm market? Watch out! Your ranks are in the process of swelling as more and more BigLaw lawyers become BigSolos, either by choice or necessity. They'll bring top-notch legal skills and in many cases a potent book of commercial business.

When the economy tightens, and they need to compete for smaller clientele, they'll become arch-competitors — formidable challengers for the traditional base of SmallSolo clientele.

Some BigSolos will fail miserably and learn the hard way that all the grass is not necessarily as green as it might seem on the solo side of the fence. But the BigSolos who get "it?" The BigSolos savvy enough to retain the right outside expertise at the outset of their adventure? Look out SmallSolos because those BigSolos may eat your lunch and make LegalZoom seem like a gnat by comparison.

Just ask Nancy Hendrickson. She has succeeded by bringing in professional help. It's hard to imagine Nancy not running circles around her former practice and colleagues, offering the same top-notch BigLaw expertise at a SmallSolo rate — just what the current economy ordered.

I anticipate high demand and short supply for "do it all" consultants who can create a law practice to wrap around a BigSolo's substantive abilities. I'm thrilled to be among those helping to make this happen and transforming the legal world in the process. We live in interesting times. BigSolo, let's see what you can do.

Written by Ross Kodner of MicroLaw.

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Watch the Video

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

For this week's column, I searched for a law firm video to review to point out what you should never do. It didn't take long to find one.

Don't watch this video for the quality; it's a well-made video clip.

Don't watch this video for the lighting technique; it's good.

Don't watch this video because the sound is poor; it isn't.

Watch this video because it violates the cardinal sin of criticizing another lawyer by name!

What do I mean? Maine trial lawyer Michael Welch of Hardy Wolf & Downing describes himself and his firm as trial lawyers who mean business. He then does the unthinkable. He criticizes another law firm in an effort to make his law firm look better. Thirty-eight seconds into his video he says:

"The insurance companies know that we will go to trial if we have to. [However] If they're dealing with a lawyer like the Law Offices of Joe Bornstein, who do not go to court, they know that at some point they're [the insurance company] going to offer a number and the lawyer is not going to have any ammunition to combat or counter that offer."

I can only assume that Joe Bornstein is a competitor of the firm Hardy Wolf. I even Googled him to see if he was a real attorney or just made up for the Welch video clip. Lo and behold, he is a real attorney. "More than 34 years of protecting Maine's victims of personal injury" proclaims his Web site.

I actually watched the video three times to make sure I heard the senior partner of the Hardy Wolf trial law firm correctly. I did. He compares his firm to another. He tells the world that his firm takes cases to trial, unlike the Joe Bornstein firm. That's unbelievable. In New York, this comparison could get you sanctioned.

Tip #1: Don't Criticize Another Law Firm or Lawyer

Save your criticism for private, internal discussions, not your marketing videos. Why not? Among the many ethical violations that you might subject yourself to, your video will have an impact on that lawyer's potential clients, the insurance companies, and his colleagues. You might have also subjected yourself to libel and slander claims. Even if the statement that the lawyer doesn't go to court is true (which is probably subjective), how does that help your potential viewer make a decision to come to you, instead of any other lawyer in your town? In my opinion it makes you look petty.

Why do you have to put down another lawyer in an effort to make yourself look good? Can't you distinguish yourself without criticizing someone else? Didn't your mother ever tell you that if you can't say something nice about someone then don't say anything at all?

This video serves as the poster child for what you should never ever do. A really bad move by this experienced trial lawyer.

Tip #2: Generalize the Competition If You Must Mention Them

Attorney Welch ruins a perfectly good informational video clip by introducing an unnecessary comment. What he should have done if he really wanted to distinguish himself from all other lawyers who take cases only to settle them without ever going to trial is to say:

"We're different from lots of other law firms that handle these injury cases. We go to trial and the insurance companies know this. There are some law firms who simply don't go to trial. Before deciding on which attorney you should hire, make sure you ask about their trial experience."

Then go on and explain how many trials you've handled in the last year. Explain to your viewer how going to trial helped solve your client's legal problems and got them compensation.

Tip #3: Don't Advertise. Provide Information.

Don't use your video as a 30 second commercial. Viewers don't like commercials. Don't use it to criticize another lawyer or anyone for that matter. A viewer who finds you online wants information. Commercials do nothing but yell and scream at you. Put-downs do nothing to help inform a potential client why you are the lawyer to solve their legal problems. So what then do you put in your video?

Information. Explain how cases like the ones you handle work. Don't make the client come into your office to get that information. Remember, you are not giving legal advice. You are explaining how the legal system and process works. By demystifying the process, prospective clients will view you as the expert without you ever having to say "Come to me because I'm the legal expert in this field."

I've seen plenty of pompous lawyers say in their videos "Come to me because I know the law, and I know the insurance adjusters personally." I've seen other videos in which lawyers literally talk down to viewers because "I've attended the best law school in the country," implying that nobody else could possibly be as smart as they are.

The best tip I can give you is to be yourself when talking in a video. Be conversational and do not use a script. Many marketing consultants will disagree with my advice about a script, but when you talk to a client, do you use a script? When a potential client calls you to ask a legal question, do you use a script?

There's nothing wrong with using an outline and preparing what you're going to say, but stay away from the stilted scripted format. It doesn't look good.

Conclusion

This video lost all credibility and 4 TechnoScore points when Michael Welch criticized the Law Offices of Joe Bornstein in an effort to differentiate his firm. This lawyer might have subjected himself to ethical sanctions as well as libel and slander claims by including one sentence in an otherwise excellent and well-made video.

Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "Welch does a great job convincing us that he is excellent and he will go to trial! Wonderful! However, he broke a major rule — he puts down another firm to make himself look better. That's a universal faux pas — something you should learn by age 2. The video quality was mediocre. It takes place inside a firm with brick walls — not much visual stimulation. In addition, the video was not edited as he trips over a few words. Overall, I'd probably still hire him, if not for trial, to badmouth people."

Lawyer, journalist, and legal media consultant Robert Ambrogi says: "File this one under: "Low Blow Legal Videos." I was shocked when he dissed a competitor by name. Is that even ethical? Beyond that, something about his demeanor was off-putting — his slouching back away from the camera, his fidgety appearance. I found myself wanting to call Dr. Cal Lightman. "

TechnoLawyer publisher and online video producer Neil Squillante says: "Did the WWE create this video for Hardy Wolf & Downing? That's some serious trash talk. I can only hope Joe Bornstein counter punches, er, I mean posts a video response."

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 44 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

InsideLegal's LegalTech Report (Including TL Party Photos)

With Whom Do You Compete? Using Competitive Intelligence

Law Firm Video Tips: Keep it Short and Use a Creative Title

This issue also contains links to every article in the February 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.