Coming today to Answers to Questions: David Stratton compares Microsoft Desktop Search to Copernic Desktop Search, Susan Traylor reviews GoToMeeting, James Dill discusses caller ID spoofing, Larry Southerland reviews CyberScrub's Privacy Suite, and David Gossom reviews the BlackBerry Storm. Don't miss this issue.
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TechnoScore: 1.0
1 = Lowest Possible Score; 5 = Highest Possible Score
New York attorney David A. Bythewood created a slide show with beautiful classical music. Unfortunately, this "video" slide show fails to educate a viewer about a specific area of law.
I could not tell whether the narrator is Bythewood himself or paid talent. The quality of the audio is not good, but the background music sounds crystal clear.
The narrator describes every single practice area that his law firm handles, including criminal defense, personal injury, contract disputes, civil rights litigation, employment and labor law, business planning, formation and planning of corporations, corporate responsibility, offshore corporations, offshore banking, formation of partnerships and LLCs, asset protection, real estate, wills, trusts and estates, international transactions, and landlord and tenant law. If that's not enough to confuse you, the law firm is also prolific in English, Romanian, Russian, Arabic, Hindu and Spanish. In addition, they also practice in every possible state by being admitted pro hac vice.
The sidebar contains a word-for-word transcript of most of what the narrator says in the slide show. I couldn't help but think that this 1:52 minute video is a compilation of most typical attorney advertisements jumbled into one.
The photographs used in the slideshow are mostly unrelated to the script. The photographs are typical of those commonly found in the yellow pages and brochures of many law firms. They do not help differentiate how this lawyer and his law firm differ from other lawyers.
While I enjoy listening to good classical music, the volume of this particular piece is quite loud, causing me to focus on the music rather than on the message.
By creating a video message that talks about everything the law firm does, the firm has diluted the message. A potential client looking for an attorney who handles real estate would need to listen to the fifteen other areas of law this firm handles before knowing if this firm can handle his needs. The video overwhelms by talking about everything instead of narrowing down the focus to their most profitable areas of law.
Here's how to make this slide show better:
Tip #1: Talk About Only One Practice Area
By focusing only on one practice area per video, you increase the chances that a viewer will find your specific video when they conduct a specific search. Don't take a buckshot style approach. Focus like a laser or else prospective clients will become confused and overwhelmed by all that you offer.
Tip #2: Skip the Slide Show
The whole purpose of creating video with you talking to your viewer is for them to get to know you -- see and hear you. A slide show fails to do that. Video works so well because it creates an intimate bond with prospective clients. They look at you right in the eye. If they like what you have to say and how you say it, the trust factor increases dramatically compared to all other forms of lawyer advertising.
Remember, people do business with people, not faceless corporations or photographs of legal institutions.
Tip #3: Skip the Transcript
YouTube does not want a virtual transcript of what you say in your video. More importantly, your viewer does not want transcript either. Your description should summarize the video, and include keywords that prospective clients will use to find your particular video.
Do not go overboard. This sidebar goes on forever listing every type of law this firm handles, together with a word for word transcript. I also counted approximately 30 keywords in the tag section of the sidebar. It is my understanding from search engine optimization experts that too much material and will hurt your search engine rank because it comes across as spam.
Till next time, see you on video.
The Back Bench
Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "The Good: This video conveys the EXACT theme of the firm. So, perfect representation!
The Bad: This video is a mess! The images shown make absolutely no sense — from "Help" in a bottle to a guy tightrope walking over a pillow. The practice areas also make no sense. How can one man specialize in criminal law, civil law, international disputes, white collar, business, and family law matters, and practice all over the country pro hac vice?
The Ugly: This firm has absolutely no boundaries. And neither does the marketing video."
TechnoLawyer publisher and online video producer Neil Squillante says: "Slide shows can be persuasive. David Bythewood has not created such a slide show. In fact, you could use his firm's video to demonstrate how not to create a slide show. He should yank it from YouTube and start over."
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.
I've talked about lunch a lot in my SmallLaw columns. Truth be told, I think about lunch all the time (and breakfast and dinner — I spend most of my waking hours thinking about food). I focus on lunch because it's the cornerstone of practice development. You've got to take people to lunch.
While you're at lunch with clients, prospective clients, and referral sources, it's critical to build strong relationships. It's valuable to get to know these folks. Ideally, you'll create some friendships that enhance your personal as well as your professional life.
THE SCIENCE OF FRIENDSHIP AND NETWORKING
I've been reading about friendship lately. I'd always thought of friendship as something that just happened. I like some people, I don't like others, and some like me (not very many actually). It's like magic, or at least that's what I always thought.
Turns out, however, that friendship isn't magic. Social scientists study this stuff. Friendship stems from engaging in certain behaviors. The most important behavior that leads to friendship is mutual self-disclosure. You share something personal about yourself, and the other person reciprocates. Note the word "mutual" — it isn't simply that you disclose, it's that both of you disclose.
It starts, however, with your disclosure. You've got to take a risk and disclose something personal about yourself. You've got to be willing to put it out there and see what happens. You'll soon find out if your lunch partner will reciprocate. If he does, the relationship will move to the next level. If he doesn't, you'll know that true friendship won't blossom — at least not yet.
I sometimes spend time with a person who doesn't disclose (I'll skip the long story on how this keeps happening). I know almost nothing about her. It's weird, but every time I see her it's like Groundhog Day — we pretty much repeat the same conversation. We never move to the next level. I can't honestly say that I know much of anything about her. I've disclosed. No response. We're stuck. It's kind of sad and it's generally unpleasant.
Self-disclosure isn't something I've heard mentioned by most of the relationship experts. They advise being real, being authentic, asking questions, and listening. That's solid advice, but it's vague and sometimes hard to put into action. Self-disclosure is a little more concrete. But for some of us, it's hard to put in to practice.
DON'T START WITH YOUR DEEPEST, DARKEST SECRETS
Self-disclosure sounds scary. It sounds risky. Disclosing anything, especially before the other person has disclosed anything personal, sounds like a game of truth-or-dare gone awry. Most of us lawyers have a great defense system. We avoid disclosure. We can answer a question with a question or we can make a joke or we can change the subject.
We all want to put our best foot forward. We like being thought of as well adjusted, smart, and successful. We don't want to disclose something that might embarrass us or cast us in an unfavorable light. Unfortunately, being careful about what we disclose is a barrier to strengthening our relationships. We've got to be open and tell others our secrets if we're going to foster the connection.
I'm not suggesting that you start with something that might scare your lunch mate. Don't admit that you have a crush on your paralegal. Start off with something mild like admitting your fear of heights or alligators (which scare the crap out of me). You'll quickly figure out whether things are moving forward or not. Test the waters a bit before you go too far.
Taking the risk of self-disclosure has great rewards. You'll win business and make new friends. New friends are in short supply in our busy world. With new friends you'll be happier and more successful. If I take my own advice, I might even receive some tips on how to avoid alligators.
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.
Coming today to Fat Friday: Bill Hodes revisits his opinion about AVVO, John Hall discusses document assembly versus search and replace, Ben Schorr raises another SaaS concern and also provides some password wisdom, Arthur Ray explains why he's buying an iPad, and Gordon Greta tells us why a lawyer profiled in a recent BigLaw column needs to get a grip — on reality that is. Don't miss this issue.
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Coming today to Answers to Questions: Douglas Thomas shares his thoughts on fee retainers and billing, Thomas Hutto reviews AudioWav MobileMic for BlackBerry, NCH for transcription equipment, and JMDictate (now Dictamus) for iPhone, Tom Raftery reviews Garmin GPS for BlackBerry, Alan Press discusses his Mac/PC office setup, and Simon Laurent reviews Amicus Attorney 2009 Premium Edition and Amicus Accounting. Don't miss this issue.
How to Receive Answers to Questions
Do you believe in the wisdom of crowds? In Answers to Questions, TechnoLawyer members answer legal technology and practice management questions submitted by their peers. This newsletter's popularity stems from the relevance of the questions and answers to virtually everyone in the legal profession. The Answers to Questions newsletter is free so don't miss the next issue. Please subscribe now.
Coming today to TechnoFeature: A crisis communication plan is like having roadside insurance — rarely used but a potential lifesaver. Not convinced? Ask Tiger Woods, Akio Toyada, and countless others who paid a high price for their failure to react decisively and quickly to a crisis. In this TechnoFeature, public relations expert Paramjit Mahli explains how to create a crisis communication plan, and why lawyers should play a central role in this process.
How to Receive TechnoFeature
Our flagship newsletter never disappoints thanks to its in-depth reporting by leading legal technology and practice management experts, many of whom have become "household names" in the legal profession. It's in TechnoFeature that you'll find our oft-quoted formal product reviews and accompanying TechnoScore ratings. The TechnoFeature newsletter is free so don't miss the next issue. Please subscribe now.
Coming today to BlawgWorld: Our editorial team has selected and linked to 70 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:
This issue also contains links to every article in the March/April 20010 issue of Law Practice Magazine and the March 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.
Warning — a rant is headed your way. A well-reasoned and situationally warranted one I believe, but definitely a rant. If I hear one more debate about whether lawyers should use software as a service (SaaS) (aka cloud computing systems), my head might explode. This debate is perpetually mired in concerns about accessibility, ethics, and security. It's time to move past these nonissues and focus on more relevant issues that will enable SaaS products to mature into mainstream small firm products.
The Two Most Hotly Debated SaaS Issues Are Nonissues
Like many others, I've consistently sounded the dual alarms of SaaS: caution about newer technology, and of professional responsibility. These cautionary points do not revolve around functionality, necessarily, because there is much to be said about the "less is more" design approach embodied by SaaS products (especially practice management systems).
Rather, reasonable prudence from a best practices perspective focuses in part on continuity — availability of practice-critical data such as docketing and deadline information, documents, and core matter information. Small firms still need to reckon with access issues such as a data outage or slowdown anywhere in the digital pipeline, or vendor insolvency complicated by a predictably recalcitrant bankruptcy trustee.
It is relatively easy to address potential continuity issues. Eventually, legal SaaS system providers will build the local system mirroring/syncing/replication tools to ensure the same offline accessibility that enterprise corporate products have had for years. Why haven't the small-firm oriented legal SaaS providers built workable, immediately usable offline capability yet? Beats me — they know it's an issue and they must be tired of the constant pundit criticism.
The reality, however, is that continuity issues need to be balanced against the possibility of internally-maintained software becoming inaccessible because of a panoply of technology troubles. Digital bad days blacken all doorsteps — both externally and internally hosted applications fall prey to disrupted access.
Other concerns continue to swirl, especially vague ethical rules regarding surrender of control of confidential client information to third parties. The confidentiality issue ties into data transmission and encryption issues as well as the disposition of confidential information in the event of vendor insolvency and dissolution.
The reality, in the absence of inevitable ethical opinions and updated rules of professional responsibility, is that the ethics issues are largely a red herring. There is a long tradition of permitting third party data access and control to confidential client information. The obvious example is using third parties to retrieve and maintain archived client files, or to process electronic discovery files. Even online data backup, with multiple state bar associations having vetted and endorsed various services, has become informally accepted.
So let's just all get over it — SaaS makes sense. The above issues will be resolved, likely sooner rather than later. If the world's largest corporations can place their trust in wildly successful and field-proven SaaS products such as Salesforce.com, legal SaaS systems will become just as trustworthy. Outside of the small firm sphere, we already see very successful examples of SaaS legal applications, including mission critical systems such as financial management products. Rippe & Kingston's LMS+ is a sound example.
It's the Functionality, Stupid
In a world where universal access across multiple devices is rapidly becoming a necessity — PCs, Macs, iPhones, BlackBerrys, and now iPads — the browser interface is inevitable. The faster traditional software vendors realize that users prefer simpler, consistent browser-centric interfaces, the more likely they'll survive and thrive in the long run.
So what should we focus on when it comes to SaaS? How about functionality? How about shifting the debate to what really matters to users. Whether financial, document, litigation, or practice management, how well do the various products perform? Does this shift in focus mean that SaaS providers should be given a free pass when it comes to continuity and ethical issues? Of course not. Law firms must do their homework in this regard, but they must also evaluate the features.
Only by focusing on the needs of small law firms can we improve existing SaaS products and encourage new entrants into the marketplace. For example, there's no reason that Rippe & Kingston can produce a fully-featured, hosted financial system, but not produce a functional equivalent for smaller firms, scaled down to a lower hosted price point. The point is that the models are there for SaaS success. Further, Rippe & Kingston offers a particularly intelligent choice for its customers — hosted or self-hosted (so-called "iSaaS" or "internal software as a service"). I expect similar offerings from the providers of traditional software if and when they enter the SaaS market.
The small firm legal SaaS world can most certainly succeed. SaaS vendors should focus on promoting functionality first, while methodically shoring up their services' perceived and/or real weaknesses in the two fundamental areas of platform criticism. Address and end the current stalemate and grow up SaaS — the small firm market is ready for and needs you.
Lawyer Ross L. Kodner is the founder and principal of MicroLaw, a legal technology and law practice management consultancy renowned for its work with small law firms (as well as larger firms and corporate/government legal departments of all sizes). Though based in Milwaukee, MicroLaw serves small firms and other clients around the world. The recipient of many industry awards (including five Technolawyer Awards), Ross speaks at many events and blogs at Ross Ipsa Loquitur, finalist in the ABA's 2008 Blawg 100. If your firm is ready to practice smart and seeks to thrive in spite of these tough times, we suggest you contact Ross.
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.
