Coming today to TechnoFeature: In this era of Facebook and iPhones, litigators who continue to present evidence in court no differently than they did 10 years ago will likely find it increasingly difficult to persuade jurors, especially those born after 1964 — Generations X and Y. In this TechnoFeature article, litigation consultant David Mykel explores what makes these people tick, and what kind of demonstrative evidence you need nowadays to win them over. He also delves into how the brain works, and how you can enhance comprehension and retention even when your jurors have far more interest in their dinner plans than your case.
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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 66 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 December 2009 issue of Law Technology News. Don't miss this issue or future issues.
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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.
Coming today to Fat Friday: David Hudgens reviews CaseMap, TimeMap, and TextMap, Lewis Kinard lists tips and pitfalls with regard to blogging for marketing purposes, David Moskowitz shares his company's secret to success during a recession, William Anderson reviews Best Case Bankruptcy, and James Atkins discusses the number one benefit of challenge response software (and we explain why we disagree). Don't miss this issue.
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Coming today to Answers to Questions: Gary Garland reviews Time Matters for small firms, Roy Greenberg reviews Amicus Attorney Small Firm Edition 2009 and provides some tips for installation, Elizabeth Markus reviews Snagit and PaperPort for capturing Web pages, Jeff Harris shares a tip for finding cheap Endicia postage labels, and Michele Gressel reviews HP's Word 2007 online tutorials. Don't miss this issue.
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Today's issue of TechnoLawyer NewsWire covers PowerPoint comparison software (see article below), a discovery document and deposition analysis program, a court rules and docketing application, an online marketplace for pleadings and other documents, and a Web-based service that transforms your firm's data into interactive charts. Don't miss the next issue.
PowerPoint Collaboration's Missing Link
These days, law firms need to work twice as hard to attract new clients. That means your Microsoft PowerPoint presentations need to be twice as good. Which means you should seek input from everyone at your firm involved in making a sales pitch. Ditto for your litigation team putting together a presentation for court. But what happens when you end up with multiple versions of a presentation with the clock ticking ever closer to your deadline?
Workshare Compare for PowerPoint … in One Sentence Workshare Compare for PowerPoint enables you to compare PowerPoint presentations, and manage changes to produce a final version.
The Killer Feature
Other software companies claim to compare PowerPoint presentations, but only after you convert the slides to PDF format. By contrast, Workshare Compare for PowerPoint compares native PowerPoint files.
Working with the actual files offers several advantages, one of which is the Themes technology built into Workshare Compare for PowerPoint. With Themes, you can define exactly which elements within the presentations to compare and how to display the changes to those elements.
For example, select only "Detect Text Changes," and you'll see only changes to the text (and not any graphics, layouts, etc.) across the presentations you compare.
You can modify the default Themes, and create entirely new ones on demand. The customization options include speaker notes, image content, embedded object content, text formatting, slide backgrounds, slide masters, and orientation. You can also adjust the comparison sensitivity level to ignore insignificant changes (e.g., an image that moved a few pixels to the right).
Other Notable Features
In true Workshare fashion, Workshare Compare for PowerPoint provides you with a single view that shows you the changes visually using color coding as well as in a written Change Summary. You can navigate from change to change or from slide to slide.
If you prefer one slide over another, you can designate the preferred slide as the final version. If neither is final, Workshare automatically launches PowerPoint for you to make edits. You can then save the new slide version back into Workshare Compare for PowerPoint to complete the presentation.
What Else Should You Know?
Other features include the ability to search the Change Summary, swap source files for your comparison, save comparisons in PowerPoint format for sharing and editing, and create reports. A one year subscription starts at $145, including product upgrades. Learn more about Workshare Compare for PowerPoint.
How to Receive TechnoLawyer NewsWire
So many products, so little time. In each issue of TechnoLawyer NewsWire, you'll learn about five new products for the legal profession. Pressed for time? The "In One Sentence" section describes each product in one sentence, and the "Killer Feature" section describes each product's most compelling feature. The TechnoLawyer NewsWire newsletter is free so don't miss the next issue. Please subscribe now.
Coming today to TechnoFeature: Good client. Bad client. How do you tell them apart? Unfortunately, a clear-cut test doesn't exist. But with law firm management expert Allison Shields' help, you can focus on the former and avoid the latter. In this TechnoFeature, Allison explains how to identify good and bad clients, and attract more of the former and avoid the latter through an exploration of core value and psychographic analysis, pre-qualification, and other techniques they don't teach in law school. If you already have a few bad clients, Allison discusses how to eliminate them. Life's too short to work with people who sap your energy. Free yourself from bad clients today by following Allison's advice.
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 57 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 November/December 2009 issue of Law Practice. 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.
TechnoScore: 1.0
1 = Lowest Possible Score; 5 = Highest Possible Score
I can sympathize with any injured victim seeking compensation for their injuries. But I cannot tolerate a poorly produced video, especially a 9:38 minute video that rambles on without purpose or direction.
I'm sure the Terry Law firm thought having any testimonial was better than no testimonial. In this instance, I have to disagree. Some clients simply do not come across very well in telling their story. Maybe they are not photogenic. Maybe they cannot tell a concise story. Maybe they don't understand the legal issue or cannot explain it.
This video testimonial is filmed in front of a legal bookcase and is overexposed. The video alternates between a man and a woman attempting to describe what happened to their mother in a nursing home. Honestly, I could not sit through the entire 9 1/2 minute video. It was very painful. The two clients could not concisely describe what happened, and spoke about David Terry and the case only at the very end.
A good testimonial can help generate leads. A poor client testimonial will hurt you more than you can ever know.
Tip #1: Direct Your Client
It is your responsibility to direct your client and have them explain in one or two sentences the problem and why they chose you instead of the thousands of other lawyers with whom you compete.
You don't need a bullhorn or director's chair. Just ask them pointed questions.
"What legal problem did you have that you needed a lawyer?"
"Why did you choose me instead of all the other lawyers out there?"
"What set me apart from other lawyers?"
"How did I solve your legal problem?"
By forcing your client to focus, you force them to tell their story concisely. You create short, clipped answers that will motivate prospects to call you. If you bore viewers, they will leave your site, never to return.
Tip #2: Alternatives for Lawyers Who Cannot Use Testimonials in Their State
Some states prohibit the use of testimonials (e.g., Florida). What can you ethically do as an attorney to show a viewer that others think highly of your legal services?
If you are a trial attorney and just settled the case favorably, or have won a recent verdict, why not interview the defense lawyer?
Don't ask the defense lawyer for a testimonial. Instead, ask the defense lawyer about the key defenses. What was the defense's position regarding liability? Ask "Why did you feel you had a good chance of winning this case if we went to trial?" I would personally ask the defense attorney what he or she thought of the claims. Remember not to get into the specifics of your particular case, but rather talk in generalities. As an attorney, you never want to give legal advice online, and never want someone to inadvertently rely on the information you provide in a video.
Tip #3: A Testimonial Formula
At the outset, I suggest getting on camera to provide an overview of the legal issue in the case. Then introduce your client and switch to a view of your clients talking. Ask them why they needed a lawyer. Ask them why they chose you. Ask them how you were able to help solve their legal problem. Ask them whether they would refer their best friend or family member to you if they had a legal problem, and why.
Then, I suggest you get back on the video and describe in very concise fashion how you solved their legal problem. This formula provides a framework and context for the viewer to understand the details of the case.
Conclusion
Video testimonials enable you to demonstrate your skills without boasting about them yourself. A poor video, or one that goes on endlessly will ensure that no one will ever pick up the phone to call you. Before uploading a video testimonial online, I strongly recommend that you have friends and colleagues review it first. Unless it is a worthy testimonial, you are better off leaving it on the cutting room floor. Till next time, see you on video!
The Back Bench
Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "I love client testimonials. However, this video took an excessive amount of time to get to its point. And Robert is right — what happened at the end?"
Lawyer, journalist, and legal media consultant Robert Ambrogi says: "The video is compelling and dramatic in its use of the victim's two children to tell what happened to their mother. More to the point, it is a compelling testimonial for the lawyer. However, the nearly 10-minute video is much longer than it needs to be — it could have the same impact in just half the length. The lighting is poor and washes out the faces. Most surprisingly, they tell us about the lawyer's preparation of the case but never say how it turned out. Was justice done?"
TechnoLawyer publisher and online video producer Neil Squillante says: "David Terry's clients have a compelling story about nursing home negligence, but the video runs way too long and ends without disclosing the outcome of the case. Most YouTubers won't wait for the sequel."
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.
Jeremy, a mid-level associate at a large New York law firm (Firm A), thought he had a bad cold. One night while toiling on a brief due in a week, his condition worsened. "I couldn't breathe, and I thought I was going to pass out." He called the partner, notorious for working her teams hard even in the absence of deadlines, and told her he was seriously ill, and that he thought it best to leave. She told him to "tough it out," and stay to finish the brief. Jeremy stayed all night and left the office the next morning. On his way home, he fainted on the train.
Jeremy's wife picked him up and drove him to the hospital, where he was diagnosed with acute pneumonia and dehydration. When he called the firm to tell them what had happened, they sent him a copy of the file and told him to get back to work on the brief upon discharge.
The incident upset Jeremy so much that he found a position at another law firm (which was, at the time, still possible). "I couldn't believe how inhumane they were at Firm A," he recalls bitterly. "They treated me — and all of the associates — like we were disposable. If I had succumbed at my desk, I'm pretty sure they would have kicked my body out of the way and installed someone else to finish that brief."
Jeremy's landed at another large law firm (Firm B) where he "probably billed as many hours" as he had when he was at "Firm A." But, he says, "I loved it there. I had a great experience, and even though my billables were about the same — pretty high — my quality of life was exponentially better."
The Differences Between Firm A and Firm B …
Jeremy's experience raises several questions, which are particularly topical given the heavy toll that law firms have suffered in the era of economic decline. What was the difference between the two firms, and why was one demanding experience so much more palatable than the other? Given that law firms are business ventures above all else, is it possible for them to maintain profitability and to foster a humane work environment? Will "quality of life" end up as another casualty of the financial collapse?
Despite his unfortunate experience at "Firm A," Jeremy believes that the pressure to produce need not render associate life unbearable. The solutions, he says, are relatively simple.
"At Firm A, it was not acceptable to go home, even if you didn't have work. So everyone stuck around for hours, waiting to see if they could get an hour of work here and there." At Firm B, however, attorneys could leave at, or at least near, the end of the business day. "Working remotely was totally acceptable, so no one felt guilty about it," explains Jeremy. "You could go home, have dinner, see your family, and then get a few more hours of work done. It made an incredible difference."
Project management also differed markedly. Firm A created an environment in which associates competed indiscriminately for work, no matter what it was. "Whether you were a first year or an eighth year, you were expected to review documents if you could get a few more hours out of it. There was no attention to capability, class year, or developing expertise," he says. By contrast, Firm B made an effort to match associates to assignments, and, by removing the pressure to "maintain a presence in the office, even if you weren't busy," eliminated the desperation underlying the dynamic that existed at Firm A.
But, Jeremy insists, the biggest difference between the two — and what he considers the most important aspect of Firm B's approach — is "that Firm B gave associates a sense of control. Even though we billed a lot of hours, we had more control over when and where we could get work done."
"Having even a modicum of control over your schedule translates to an immeasurably better quality of life," Jeremy says. "Even a big workload doesn't feel as overwhelming. You feel better, more balanced. You feel like you can take care of personal needs and family priorities without being penalized with disapproval. At the end of the day, I was happy to stay up late and put in extra hours for a firm that understood that I had a life outside of work."
But, Jeremy wonders, will the economic pressure faced by law firms today, combined with a particularly desperate workforce, lead to more "Firm A"-type work environments? "I hope not," he says. "Firms need to look at the big picture. Firm A had a ridiculously high defection rate, whereas Firm B fostered incredible loyalty. In the long run, that loyalty has real value."
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