The Social Media and Online Presence of Law Firms:

Risks and Opportunities

Jennifer Ellis is an attorney with the Philadelphia area law firm of Lowenthal & Abrams, PC.

She focuses her practice on handling issues involving social media as related to medical

malpractice, personal injury, workers’ compensation, social security disability, and nursing home

abuse and negligence.

In addition, Jennifer is a law practice management consultant. She focuses her consulting on

three areas: creating and improving the online presence of law firms, helping attorneys increase

their efficiency, and aiding businesses in their efforts to reach the legal vertical market.

A nationally known speaker and author, Jennifer speaks and writes on topics including social

media, ethics, law practice management, and technology. She is also the author of the chapter on

social media for the American Bar Association Book, 2013 Solo and Small Firm Legal

Technology Guide and sole author for the upcoming book, Wordpress Websites in One Hour.

Prior to becoming a consultant, Jennifer served with the Pennsylvania Bar Institute, concluding

her twelve year tenure there as Associate Director of Media Technologies. She managed many of

PBI’s programs on technology, technology law and law practice management, as well as PBI’s

social media presence. Jennifer led PBI to two ACLEA awards for technology and social media

marketing.

Jennifer is involved in the American and Pennsylvania Bar Associations. She serves on the CLE,

Publications and Diversity Committees of the American Bar Association, and as Secretary of

both the Solo and Small Firm Section and Gay and Lesbian Rights Committee of the

Pennsylvania Bar Association. She is licensed to practice law in Pennsylvania.

Contact Jennifer at jennifer@jlellis.net. Find her online at www.jlellis.net

Table of Contents

I. How and Why Law Firms Should Use Social Media 3 II. Ethical Considerations of Social Media Use for Law Firms 7 III. Powerpoint – Follows Audio Presentation 13

DISCLAIMER: The following materials and accompanying Access MCLE, LLC audio program are for instructional purposes only. Nothing herein constitutes, is intended to constitute, or should be relied on as, legal advice. The author expressly disclaims any responsibility for any direct or consequential damages related in any way to anything contained in the materials or program, which are provided on an “as-is” basis and should be independently verified by experienced counsel before being applied to actual matter. By proceeding further you expressly accept and agree to Author’s absolute and unqualified disclaimer of liability.

3

How and Why Law Firms Should Use Social Media

Jennifer Ellis

jennifer@jlellis.net Hundreds of millions of people around the world use social media. Those people represent themselves, businesses of every kind as, well as current and potential clients. Law firms can take advantage of social media both for the possibility to obtain clients, communicate with current clients or engage in research. The most popular sites about which law firms should be aware currently are Facebook, Twitter, LinkedIn, Google+ and Avvo. Facebook The most well-known and popular social media site is Facebook. Since Facebook has in excess of 1 billion members it is not surprising that it has rapidly become the most popular site on the Web, a role once held by Google. Due to its size and impact, it is crucial that attorneys understand how to utilize Facebook as a marketing tool and also appreciate its contents for purposes of researching clients, experts and others. Content is King Just having a Facebook page isn’t enough. You need to give people a reason to visit the page. What do you plan on providing to your potential clients? You will need to decide what you want to provide on your firm’s own page, within the ethical constraints of the rules, of course. For example you might want to note specific cases of interest or put a video introducing yourself. The goal of your Facebook page should be to drive traffic to your Website or to your phone; to let clients get to know you and your firm so they have a reason to communicate with you. Are you Utilizing Facebook in a Useful Way for your Firm?

If you connect everything you have—website, Twitter, Facebook, LinkedIn, etc.—and use the various web tools available to you, someone is more likely to find you when conducting a search on your area of law. A Facebook page may not get you a client, but it might get a potential client to visit your website for more information or pick up the phone and call you. As a result, Facebook pages are a unique opportunity to help you increase your presence on the web. Facebook shows up early in Google and Bing searches and your page might well show up earlier in search results than your website.

Most firms use a Facebook profile instead of a page to serve as their presence on Facebook; generally not a good idea. First, Facebook’s terms of service make it very clear that an account is for an individual, not a business. Second, Facebook’s pages, especially since the recent changes, have a variety of tools that make the use of a page a better choice for marketing purposes.

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A Facebook account has a wall, photos and videos. Facebook pages have the additional capability for tabs which act as linked documents, much like a regular website. A simple Facebook page can include detailed biographies, pictures and contact information for all attorneys in a firm along with other useful information for potential clients. In the very near future Facebook will enable advanced coding on pages, meaning designers will be limited only by their imaginations and the space. There will no doubt be some extraordinary Facebook pages after the changes are released.

Another neat trick on a Facebook page is the ability to create a special landing page. A landing page is the first item someone sees when they visit a Facebook page the first time and until they click like. For an example take a look at Dell’s Facebook page. Since Facebook walls tend to have a lot of constantly changing information, a landing page is a great way to control the first impression of your firm a potential client sees on Facebook.

Pages are easier to follow than accounts. With an account a user has to ask permission to become a Friend and you have to accept. For a page a user can choose to click like, or just visit your page and follow the information you provide.

You can advertise a page on Facebook; a great way to increase your followers at a low cost. If you haven’t tried a Facebook ad consider it. Ads aren’t expensive and can help point users to your page or website.

Pages also provide insights. You can see how many people are viewing your page, their age range and other useful information to help you identify who is interested in your firm.

Last, now you can actually communicate as your page. You can choose to surf Facebook as the page instead of as an individual; visit individual accounts and other pages on Facebook and comment when appropriate (and ethical.) This ability increases the profile of the page and provides the opportunity for you to communicate with Facebook users at large, increasing your firm’s presence.

Don’t give up the useful tools available to you by staying with a Facebook profile instead of a page. Convert your account to one you use for yourself, still an excellent networking tool, and take advantage of the opportunities provided by a page. Working with a page and an account together you can make your Facebook presence and marketing opportunities even stronger than before.

Twitter

Twitter is another way to communicate with clients and potential clients. Share late

breaking news, developments in cases, anything short and snappy that you feel will be of

interest and attract attention. In this way you will build your contacts and build your

networking and marketing opportunities.

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Don’t be afraid to humanize yourself via Twitter. Let people know you are going to a

baseball game or got stuck in the snow. The Internet has, in some ways, made it hard for

people to communicate face-to- face and get a sense of one another. Social Media,

especially Twitter can be a great way to give people a sense of who you are. In the end,

many people will hire the attorney with whom they are comfortable, and Twitter can let

people know what you are about.

LinkedIn LinkedIn is a bit different from the other Social Media sites because of its professional

nature. Generally speaking, Facebook and Twitter are a mix of business, personal and

everything in between. LinkedIn is supposed to be used solely for business contacts. I

recommend every attorney have a LinkedIn Account. Use LinkedIn to make useful

connections that will enable you to grow your business by expanding your social network.

Find groups that are appropriate to you, invite all of your professional colleagues to

become connections and grow your contact list. Both you and your connections will find

LinkedIn all the more useful as you mutually grow your sphere of contacts.

Google+

Google has tried to social media several times without great success. Google+ is its newest

offering. The problem with Google+ is that many people are already using Twitter and/or

Facebook and don’t care to use another site. While Google claims 170 million people have

upgraded to Google+, that doesn’t really tell us much. It is uncertain how many people post

on Google+ on any given day. However, this does not mean that a firm can ignore Google+.

Google has very wisely integrated Google+ with its search results. This means if someone

writes about a topic, perhaps Employee Benefits, on a Google+ page or account, when

someone searches for Employee Benefits, the post from Google+ might well show up.

Essentially, Google has turned search engine optimization on its head a bit by integrating

its own social media site into its search results. As a result, the wise firm, or business,

would do well to create a Google+ account and put valuable content in that account as a

way to encourage people to find it on the web.

Avvo

Avvo is another option to help potential clients find you; but keep in mind that it is a very

controversial site among attorneys. Initially, Avvo simply provides information about

whether an attorney has any disciplinary history. Once an attorney claims his listing, Avvo

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provides a rating based on longevity of practice, recognition, and disciplinary history. On

occasion, even if an attorney has not claimed his profile, Avvo will provide a rating. Also,

from time-to-time, Avvo takes a picture from an attorney’s website and places it in the

profile.

If you decide to claim your listing, be prepared to fill out your profile immediately.

Otherwise your rating will simply be based on the fact you are licensed, have never (or

have been) in disciplinary trouble, and how long you have been licensed. My rating was 6.2

when I claimed my listing. By filling out my profile and obtaining an endorsement or two, I

raised the rating to 10

The purpose of Avvo is to help clients find you, so claiming your listing with an updated

profile can be a useful way to for potential clients to seek you out. Make sure you complete

the contact information as well as the profile information.

Keep in mind that once you claim your rating you cannot get rid of it. Newer attorneys

especially will have low ratings due to their lack of experience. Any disciplinary problems

at all will also cause a low number. Do not claim your profile if you are concerned about

your rating number.

Avvo also provides the ability to purchase ads and answer questions. Be careful answering

questions since you can easily go outside your area of expertise or end up violating

unauthorized practice of law by answering a question from someone in a different state. Be

sure, if you do answer a question, to provide an appropriate disclaimer

Conclusion

In the end, social media sites provide a wonderful way to locate and communicate with

potential and existing clients. Law firms would do well to take advantage of the myriad

ways through which potential clients can find them by taking advantage of these important

and popular new resources.

7

Ethical Considerations of Social Media Use for Law Firms

Jennifer Ellis

Since social media is so new there are not many reported opinions to be found relating to

the issue of an attorney’s ethical obligations when utilizing social media for advertising,

communication, research or in litigation. As a result it is important to understand that the

best way to handle ethical obligations under social media is to look at the current state of

ethical rules and also, to look to the few guidance opinions provided by bar associations on

the issue.

If it isn’t Ok Off-Line it isn’t ok On-Line

Ethical obligations generally, as well as specifically to online issues most frequently come

down to common sense and following the rules as they already exist. There are no doubt

some complex issues when it comes to online and social media behavior, but if it doesn’t

pass the smell test, as it were, the best bet is not to engage in the behavior.

Accessing Social Media Data

Given the value of the information contained within social media accounts it is no surprise

that attorneys desire to obtain access to the information. It is not at all uncommon, for

example, for an individual to say one thing in person to her attorney or a judge and to post

completely contradictory information on Facebook. For example, an oft cited story is an

individual who claimed she could not leave her home due to emotional harm from an injury,

only to in turn post a picture showing her attendance at a party. In times past it was

necessary to hire a private investigator to prove someone was lying about his injury for a

workers’ compensation claim; now the plaintiff frequently posts a picture of himself

chopping wood or carrying a heavy couch, the exact evidence the defense attorney needs to

prove her case.

Privacy Settings Are Important

The majority of users, some 70%, do not change their privacy settings when they sign up

for a social media account. Given the purpose of social media sites is to share information,

this generally means that users are sharing a substantial amount of information. If the

information is freely accessible, an attorney may feel free to view that information.1

1 New York State Bar Association, Committee on Professional Ethics, Opinion 843, (September 10, 2010.)

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Ethical Pitfalls in Research and Discovery

There are a number of relevant guidance opinions from the New York City and State Bars,2

Philadelphia Bar3, and the San Diego County Bar4 Associations surrounding issues related

to perform research utilizing social media. Please review the chapter on Discovery for

details on these important opinions.

Advertising and Communication via Social Media

Attorneys need to assume that virtually every communication in which they engage via

social media is a form of advertising; whether a post on a blog, an actual paid ad, or

communication with a potential client via Facebook, Twitter or LinkedIn. The reason for

such caution is it is difficult to know exactly how various states will determine to handle

social media and it is best to make certain to avoid future ethical issues through online

communications. Advertising rules are already complicated and the failure for the rules to

address social media makes the situation all the more difficult.

Pa. Rule 7.2 - Advertising

The first rule of which attorneys need to be aware relates directly to advertising and it is Pa.

Rule 7.2. One of the most complex issues under Rule 7.2 for social media advertising is the

need to keep copies for at least 2 years. It is also important to note which attorney (and it

must be a specific attorney) is responsible for the ad and where the ad was placed. The

easiest way to keep a record is to either create a PDF of the document or take a snapshot of

it (depending on the size and what it is) and to save the corresponding file in an organized

fashion. Other areas about which attorneys and their marketing advisers need to be aware

are:

No referral payments to non-lawyers

No celebrity endorsements

Must disclose paid endorsements

May not have non-lawyer or non-client portrayals of reenactments

Must reveal any fee restrictions

2 New York State Bar Association Guidance Opinion 843 http://www.nysba.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=43208 3 Philadelphia Bar Association Guidance Opinion 2009-02 http://www.philadelphiabar.org/WebObjects/PBAReadOnly.woa/Contents/WebServerResources/CMSResources/Opinion_2009-2.pdf 4 SDCBA Ethics Opinion 2011-2, May 24, 2011 https://www.sdcba.org/temp/ts_A65701C0-BDB9-505B-D543B173C1BEC623A65701D0-BDB9-505B-D8CE20D504FFB511/Ethics%20Opinion%202011-2%20Social%20Media%202011%20FINAL.pdf

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Must disclose geographic location

Pa. Rule 7.3 – Communication with Potential Clients

Also implicated by use of social media for communication with potential clients is Pa. Rule

7.3. Rule 7.3 general addresses solicitation of clients. Attorneys may not solicit potential

clients through real-time communication. This aspect of the rule does not apply to family

members, current clients or other attorneys. Real-time communication includes telephone,

in-person and real-time electronic chat. There is disagreement as to whether attorneys

may solicit new clients through large chat rooms in which a large number of people are

present, versus instant messages which are more personal and direct. E-mail is considered

written communication.

To follow Rule 7.3 attorneys must:

Comply with Rule 7.1

Label the communication

Provide an appropriate disclaimer

Fields of Practice and Specialization – Rule 7.3

It is very important that attorneys obey Pa. Rule 7.3 which relates to specific fields of

practice and specialization. An attorney may state she is specialized if she is a patent,

admiralty or patent attorney; or in a field in which they have completed a certification

process approved by the Pennsylvania Supreme Court. It is acceptable for an attorney to

state that she limits or focuses her practice to or on certain areas, but may not state she is

an expert.

Firm Names and Letterheads – Rule 7.5

In terms of firm names, business cards and letterheads, attorneys must follow Pa. Rule 7.5.

This rule is rather straight forward, and yet attorneys do get in trouble for failure to obey it.

Recently an attorney in Virginia was suspended for claiming and Associates in his firm

name when he is a solo practitioner and noting non-existent practice areas on his website.5

The issues to consider under Rule 7.5 are:

Any information provided must be factual

Trade names are acceptable

May not state or imply a connection to the government

May not have a name, nickname, motto, moniker or trade name that implies results

5 http://www.abajournal.com/news/article/solo_suspended_partly_for_implying_his_law_firm_was_bigger

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Must disclose jurisdictional limitations of all attorneys

Multi-State Practice – Rule 8.5

An area in which it is easy to get in trouble, due to the vast and multi-jurisdictional nature

of the internet, is multi-state practice. Attorneys must comply with their home states’ rules

in relation to:

Where the office is located

Where the attorneys’ are admitted

How they are seeking clients

How they engage in advertising

Must obey all states’ rules in which marketing

Following all states’ rules in which marketing can be very challenging since Florida, for

example, has very stringent rules, while other states may not be as strict.

Managing Disclaimers

One of the reasons there is controversy about the use of social media as a marketing and

communication tool is the limited amount of space available. An ad purchased on Facebook,

for example, allows for only a very limited number of characters. It is impossible to put the

appropriate disclaimers in the marketing. The approach to take, for now, is to make certain

the webpage to which the ad links provides the necessary disclaimers and information. In

the future, no doubt, guidance will be offered on these issues, but for now the

appropriateness of advertising using such small ads is uncertain.

Judges

Over the past several months the issue of judges and Facebook has rapidly moved from a

theoretical issue to a real problem. In Pennsylvania, one judge found himself at the center

of a controversy when the public realized a defendant in his courtroom was his friend on

Facebook. The issue was front and center in the news surrounding that judge’s district for

several weeks. In the end the judge chose to recuse himself from the case.6 In that case the

judge was unaware he was friends with the defendant, did not know the defendant, but did

know the defendant’s father. More recently, another controversy arose when a judge

suppressed evidence against a defendant resulting in dismissal of the case. After the fact

the prosecution realized that the judge had been Facebook friends with the defendant,

though the defendant and the judge did not know each other. The prosecutor asked the

6 http://jlellis.net/blog/should-judges-have-a-lot-of-facebook-friends/

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judge to reverse the suppression and recuse himself. The judge decided not to recuse

himself due to concern about setting a dangerous precedent.7

It is absolutely crucial, so that the legal system can avoid any appearance of impropriety,

that judges be extremely cautious about who they friend on Facebook. Judges who have

many friends on Facebook might want to take a look at who those friends currently are,

and determine whether they should remain friends. On the other hand, judges who prefer

to have many friends on Facebook might find it wise to be certain they know who those

friends are and at the least make both sides aware of the Facebook friendship prior to the

trial beginning.

Jurors

These days it is extremely common to look over to the seats behind the prosecution,

plaintiff or defense, and see individuals hard at work on their computers during the voir

dire process. 8 This is because jurors, like almost everyone else, provide an intense amount

of information about themselves online. Some of this information might well disqualify an

individual from serving on a jury, or simply show a particular side that it would be unwise

to seat a particular juror.

While there are currently no conclusive decisions on the issue of researching jurors via

social media, there is a recent guidance opinion on the subject9. That opinion, quite

reasonably, makes it very clear that it is acceptable to research jurors online, including

viewing their social media accounts under several conditions. First, the accounts must be

accessed appropriately. This means no false friending, no hacking, rather only looking at

accounts and information that have been left freely accessible by the jurors. Also, it remains

impermissible to communicate with the jurors in any fashion.

Of late, jurors have been engaging in social media or other Internet use that has caused

very serious trouble for the court system. Judges, prosecutors and defense attorneys

frequently find themselves throwing their hands up in the air due to the frustration caused

by jurors who refuse to follow the instructions. While it might seem beyond belief that a

juror would choose to engage in social media discussion or Internet research after being

specifically told not to do so, and yet, they do. As a result, it is absolutely crucial that jurors

7 http://www.newsworks.org/index.php/neighborhoods/mt-airychestnut-hill-/item/30248-hayden-denial-story-

8 http://articles.cnn.com/2011-09-20/tech/tech_social-media_social-media-jurors-murray_1_prospective-jurors-

potential-jurors-jury-selection?_s=PM:TECH 9 NYCLA Committee on Professional Ethics, Formal Opinion 743, May 18, 2011 https://www.nycla.org/siteFiles/Publications/Publications1450_0.pdf

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be made to understand that all social media use must stop, or at the least posting about the

case is impermissible, right from the outset of the trial.10

Conclusion

It is very important to obey all ethics rules when engaging in online communication and

marketing, whether on a website, social media site or ad. Be cautious, keep copies of all

marketing, even if not sure it is marketing, and identify a responsible attorney for all pieces

of marketing or communication in which attorneys engage on the Web, regardless of the

medium.

10

http://www.post-gazette.com/pg/11304/1185738-499.stm

The Online Presence of Law Firms: Risks & Opportunities

Jennifer Ellis, Esq. Lowenthal & Abrams, PC

& Jennifer Ellis, JD

jennifer@jlellis.net www.jlellis.net

1 13

What is the Difference between a Cocktail Party and the Web?

2 14

Reputation

• Our reputations are all we have

• Obligation to “Maintain the Integrity of the Profession” (8.x)

• It is easy to say something foolish online and have the statement go viral

3 15

Keep In Mind

• Rules that apply off-line apply on-line

• Amount of possible trouble is expanded by the reach of the Internet

4 16

Your Online Presence Is

• A networking tool

• An advertising medium

• A research tool

• Your online reputation

5 17

Potential Clients Must

• Find you

• See your expertise

• Feel comfortable with you

6 18

Ask Yourself

• Who hires you?

• How will they find you?

• Where are they looking?

• What are they seeking?

• Why do they need you?

7

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Be Easy to Find

• Website

• Blog

• Google+

• Facebook

• LinkedIn

• Twitter

• Numerous other sites

8 20

1 billion

1 billion per month

343 million

100 million 4 billion photos

49 million

500 million 1 in 4 200 million 24 million 1 million businesses

Social Media = 2 Way Communication

5 million lay visitors per month 9 21

10 22

Blogs & Websites

1. Website – Center of online presence

1. Blog

1. Valuable SEO

2. Constantly changing content

2. SEO – Search Engine Optimization

1. Google

2. Bing

3. Yahoo

11 23

Website & Blog Software

• WordPress – Free

– Relatively Easy

– Purchase Themes

– Built in (and improvable) SEO Features

• Good Host Important – HostGator

– Blue Host

– RackSpace (More Expensive)

12 24

Blog

• 1 in 4 people read blogs

• Law firms increasing use of blogs

• Best way to show your

– Voice

– Knowledge

• Most valuable SEO tool

• Place for detailed content

– You have control

13 25

Content

• What questions do people ask at the first interview? – Answer

• What is current in the news related to your practice? – Explain

• Relevant cases or laws? – Discuss

• What interests you as a person? – Share

14 26

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• Malware Prevention on WordPress Websites and Blogs

• Resolve to Backup your Data

• Following the T’eo Story – And Other Internet Fakers

• Ever thought about building your own computer?

• Facebook jumps on the social search bandwagon

• Update Java Right Now. Mac, Linux or PC, All Are Vulnerable

• Pinterest creates business pages

• Twitter sinks a personal injury case

16 28

• Why won’t a lawyer take my Philadelphia medical malpractice case?

• Pennsylvania Fatal Truck Accidents on the Rise

• Elder abuse is on the rise in Pennsylvania and across the country

• I saw a car accident on my way home from work tonight

• Jury Awards Child $1.1 Million in a Harrisburg Brain Injury Medical Negligence Case

• Strokes and how iPads can help the victim through the process

17 29

Websites are Marketing

• Follow advertising rules (7.2)

• Include appropriate information

– Geographic limitations

– Limitation on seeking clients

– Appropriate fee language

– Follow rules for all states in which licensed or seeking clients (8.5)

18 30

Honesty: Content, Link and Name

• Don’t be misleading (7.1)

• Solo – No plurals (7.5)

– i.e. ElderLawAttorney.com Not ElderLawAttorneys.com

– One office? – Not offices of

• Practice areas

– Only list areas actually practice

19 31

Proper Use of Firm Name

• Virginia attorney called himself & Associates

– Had no associates

• Listed practice groups that did not exists

• Listed non-attorney as attorney

• Also engaged in other malfeasance which is what brought his advertising to light

• Suspended

20

32

Watch for PA Rules

• Specialization – not an expert unless

– Patent

– Admiralty

– Other approved

• No testimonials from famous people

• Keep copies for 2 years

– Screen shots

– PDFs

21 33

Disclaimers

• Not legal advice (informational only)

• Does not form an attorney/client relationship

• Confidentiality concerns

22 34

Ethical Concerns for Blogs

• Some states consider blogs marketing

– Pennsylvania has not commented yet

– Assume it is marketing for your protection

• Include a proper disclaimer (as with website)

23 35

Attorney/Client Relationship (5.5)

• Be careful about answering questions in comments (or on other sites)

– Don’t want to inadvertently form attorney/client relationship

– Suggest people call you instead of answering online when appropriate

– Practice in state where not licensed

24 36

Examples of Blog Problems

• Virginia

– Asked attorney to put disclaimer on blog

– Attorney refused

– Disciplinary board found against him

– Case is on appeal

25 37

Recent Case

• Attorney in Chicago claims Illinois has a corrupt probate system – Posted on blog, naming individuals – "sleazy world of probate" – "garden variety theft, embezzlement, malpractice and

malfeasance by attorneys and the court.“

• Ethics commission is concerned – “Blog publicly accessible” – “False [or] shows disregard for the truth”

• Hearing Scheduled

26 38

Insulting the Judge

• In Florida: Attorney felt client was being denied right to a speedy trial

• wrote on his blog about Judge Cheryl Aleman – “Evil witch” – “Seemingly mentally ill” – “Clearly unfit for her positions and knows not what it

means to be a neutral arbiter”

• Florida Bar Concluded: Attorney guilty of – Making false and reckless statements regarding the

qualifications of a judge – Engaging in professional conduct that is prejudicial to the

administration of Justice

27 39

Sharing Confidential Information & Insulting the Judge

• Illinois Assistant Public Defender wrote on her blog – People and cases described were “thinly veiled”

– Called a judge “Judge Clueless”

– Described a conversation in which a client informed her she was on drugs

– Knew client had lied to the court

• Lost her job of 19 years

• Suspended in two states 28

40

Hard to Find Positive Information Now

29 41

Google+

• Integrated with Google search results

• Helps with location based searching

• Crucial for SEO

30 42

Google+

• Create personal profile

• Create business profile

• Claim Google Places

31 43

Personal Google+ Profile

32 44

Business Google+ Profile

33 45

Google Places

34 46

Keep Track of Your Image – Google Alert

35 47

Facebook & LinkedIn

• Use your Facebook and LinkedIn accounts as a way to network with

– Potential clients

– Other attorneys

– Potential Referral Resources

36 48

37 49

38 50

Facebook & LinkedIn

• Create a page for your firm • Becomes a mini-website on Facebook

• Useful tool on LinkedIn

– Connect employees to the pages

– Encourage followers on both

– Provide useful information

– Share Blog Posts

39 51

40 52

41 53

Facebook

• Purchase ads on Facebook

– Target by demographics

• Age

• Gender

• Marital status

– Target by interests

• Pay per click

42

54

Facebook Ads

• Connect

– Facebook page

– Website

43 55

Facebook Promoted Posts

• Write a post

• Promote it

– Costs varies from $5 and up

– Increases visibility of post, encourages likes and comments

44

56

LinkedIn

• Purchase ads on LinkedIn

– Target by

• Job Title

• Industry

• Age

• Location

45 57

Concerns

• Should you friend clients on Facebook?

– Depends on how you use your account

– Very personal?

• No

– General?

• Maybe

• Let clients like your firm’s business page instead

46 58

Judges Should be Careful Who They Friend

• Florida: Not ok for Judges to friend attorneys

• Ohio: Ok for Judges to friend attorneys

• Be aware of your state’s rules

• Many Judges unwilling to friend attorneys who may ever appear before them

– Probably the wisest course of action

47 59

Judges on Facebook

• Judge friends with defendant, didn’t know

– Real life friend with father

– A lot of publicity

– Judge recused

• Judge friends with defendant, didn’t know

– Did not know in real life

– Refused to recuse

• Judges should be aware of who they friend

48

60

Judges on LinkedIn

• Site is more professional, less personal in nature

• No sharing of personal information

• Ok to connect (in my opinion)

49 61

Twitter

• 140 character micro blogging

– A great way to let people get to know you as a person

– Share quick bits of information

– Re-share what other people post

– Link your Facebook, LinkedIn accounts and Blog to Twitter as a way to get more value for your effort

50 62

People Like to Watch

• 1 billion unique users each month

• 4 billion videos viewed each day

• Use video to help people see you

– Allows people to connect

– Provides a different form of content

– Excellent SEO

• Share by embedding

51 63

Use SEO

52 64

Share Documents

53 65

• Popular site among laypeople for finding attorneys

– 5 million visitors per month

– 95% of attorneys listed

– 150k attorneys have claimed profiles

• Controversial among attorneys

– Cannot unclaim your listing

– Not always clear how ratings are established

54 66

• Claim your listing IF

– No disciplinary action

– Robust profile

• You can increase your score by

– Completing your profile

– Getting attorney endorsements

• Increase findability

– Answer questions (ethically)

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Gelocation

• Where are you?

• What are you doing?

• Not great for clients – Confidentiality issues

• Good for attorneys – Speaking on x at y

– Networking • At PBA event for Estate and Elder Law Attorneys

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Examples

• Facebook

• GoWalla

• FourSquare

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Connect Everything

• Provide links to all of your accounts and your Website everywhere you can

• This will provide the maximum opportunity for people to find and research you

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Links

Blog Blog Website

Google+

Twitter

Facebook

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Managing Time

• Tools such as HootSuite help

• Automatically connect sites when appropriate

– Connect Facebook to Twitter

– Be careful about the reverse

• Twitter has its own language and can be confusing

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HootSuite at Work

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How to Behave

Be Aware That Professional Versus Personal Conduct Doesn’t Matter on the Web

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Prosecutor on a Personal Crusade Against a Student

• Wrote a blog to attack a student – “Welcome to ‘Chris Armstrong Watch’. This is a

site for concerned University of Michigan alumni, students, and others who oppose the recent election of Chris Armstrong — a RADICAL HOMOSEXUAL ACTIVIST, RACIST, ELITIST, & LIAR — as the new head of student government.”

• Claimed it was personal so irrelevant to his work

• Refused to step down

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Prosecutor Fired

• His attorney, said his client was merely expressing his free-speech rights

• In explaining the firing his ex-employer stated “[he] repeatedly violated office policies, engaged in borderline stalking behavior and inappropriately used state resources”

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Tweeting “Jokes”

• Indiana AG Fired over Tweet

– “use live ammunition”

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Remember No One Can See or Hear You

• No body language or vocal inflection

• Different senses of humor

• What is a joke to one person is an insult or a grievous threat to another.

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Watch for the Streisand Effect

• Barbara Streisand sued to have an image of her house removed from the Internet

– Resulted in greater publicity and a lot of insults

• Lesson learned?

– Suing rarely works

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If You (or a Client) Mess Up

• Apologize (sincerely)

• Lay low

– Don’t argue

– Don’t try to explain

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General Business Concerns

• Encourage firm’s attorneys to use social media

• Encourage someone to keep track of all social media for the firm

• Have clear policies on social media use

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Employees

• Make employees understand that they are not allowed to post on behalf of the firm unless it is part of their job

• Make it clear that if someone violates client confidentiality he will be punished (up to and including termination of employment)

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Prepare for Problems

• Have a plan for responding to problems

• Empower someone to respond in an emergency

– Waiting is not an option

– Know when not to respond (things are out of control and people are ganging up)

– Know when to respond

• Legal issues

• Harassment concerns

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Research

• Social Media contains a substantial amount of information

– Your Client

– Opposing Clients

– Jurors

– Witnesses

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Ethics

• Cannot friend opposing client

• Cannot friend jurors – May look at what is freely available

• Can friend witness, must reveal who you are

• Watch privacy settings

• Watch federal law – Violation to break into or go beyond approved use

• Check state laws

• Cannot have third party do what you cannot do

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Final Thoughts

• Don’t be afraid of social media

– It can be a powerful marketing tool

– It can be a powerful research tool

– Simply be sure to remember that many people will see what you post

– Obey the ethical rules

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Thank You

Jennifer Ellis Lowenthal & Abrams, PC

& Jennifer Ellis, JD

jennifer@jlellis.net

www.jlellis.net

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