At a conference
sponsored by
ALM on
Social Media: Risks and Rewards/Addressing the Legal Foundations of Business in the Digital Age, speakers and
attendees shared key information, ethical considerations, related employment policies, successes and war stories of adventures on
the new dominant medium. Attorneys face many practice-related issues when communicating on their firm’s website, blogs, mass and personal
emails, and with social network posts, Tweets, etc. Business development on the internet requires firms to focus on new considerations
specific to this medium.
(Note: This article is posted on
www.terry-graham.com/tgsocmedia.htm . See also 12/12/11
news release on Lexis-Nexis Global Study on Law Firms Use of Social Media, link provided below)
WHO SPEAKS FOR YOUR FIRM?
In the
past, law firms appointed a spokesperson, often a senior partner, who served as their sole contact to the media. Public statements
made by this person often were crafted with help from a public relations professional and approved by management prior to release.
Today, your firm has total control over its website content, ads, press releases and bylined articles it generates, all of which are
important tools for successful marketing. In fact, a
2009 Nielsen survey revealed that 70 percent of a sample of 25,000 online-user
participants trust “brand websites”, and 69 percent trust editorial content (e.g., online articles often from firm-generated press
releases).
(mis)PERCEIVED SPOKESFOLKS
Still, the internet’s universal accessibility enables anyone to post anything about your
firm for all the world to see, possibly forever. Current and former employees – whom the public can view as speaking for your firm
– may, with the best of intentions, enthusiastically endorse your services and principals, and boast of impressive clients and successful
outcomes in their personal emails, social media posts and Tweets. Some of these posts may qualify as State Bar defined “communications”
which contain “false, misleading and deceptive statements” that may confuse consumers, violate professional ethics on “communications”
(CA Rule 1-400-Advertising & Solicitation) and pretrial publicity
(CA Rule 5-120-Trial Publicity), and even put your firm at risk
of being sued.
ESTABLISH WRITTEN EMPLOYEE POLICIES FOR ONLINE POSTS
To avoid problems, tell employees of your firm’s
written policies regarding their online discussions/endorsements of your services, use of your logo and other firm identifiers. Some
firms prohibit employees from posting any information linking them to the firm, while others require them to use disclaimers when
referencing the firm (“My personal belief is…”). Require employees to sign an acknowledgement that they have been informed of your
online policies and the consequences of violating them.
TESTIMONIALS – GOOD, BAD & UGLY
Testimonials are a powerful,
popular way to promote your services. (A testimonial is a formal, public statement extolling your firm’s virtues and work product,
supporting and recommending you.)
The transition from word-of-mouth referrals to online consumer-generated recommendations has huge
implications for a law firm’s marketing programs.
The cited Nielsen study found that an impressive 70 percent of online users trust
online testimonials attributed to strangers, compared with 90 percent trusting testimonials by people they know.
Clearly, the more
positive online testimonials, the better. Many firms opt to post satisfied client comments – with client approval -- on their websites
with good results. But beware of “adopting” or “claiming” online testimonials by clients or peers from independent websites such as
avvo.com, yelp.com and/or LinkedIn recommendations. State bar policies vary, but a
South Carolina Ethics Advisory (Op. 09-10) requires
lawyers to monitor such “claimed” listings to make sure they conform to ethics rules governing attorney advertising, stating that
lawyers are responsible for all communications they ask to be placed or disseminated for them regarding their law practice. The
American
Bar Association’s Model Rule 4.1 (duty of candor) prohibits making false statements, including exaggerations of your experience or
capability.
BYTING BACK?
Because online testimonials by strangers have such high credibility, your firm should track the internet for
negative, inflammatory and illegal postings. Select the sites to monitor (e.g., avvo.com, yelp.com, key blogs, Facebook, Twitter,
etc.) Note that some blogs prohibit impersonation of a person or company, backed by strict content and takedown policies. In cases
where proprietary property such as your logo is used, you can report infringements to the site owner. In fact, businesses are springing
up to monitor your web presence to identify and address problems quickly. To standardize your response to negative web posts, create
public, written takedown policies for user-generated comments.
Still, care should be taken not to overreact to negative posts by picking
your battles. With time and budget constraints, evaluate the source. Is the criticism about a key aspect of your business? If the
criticism is valid, address it.
If you demand a cease-and-desist takedown of a false, deceptive or misleading post that names you
or your firm, will you be viewed as attacking a specific group that will create an even worse situation? Experts say: Develop a thick
skin and don’t sweat the small stuff.
Paying attention to and actively supporting your reputation on the internet should become part
of your strategic marketing plan.
Do what it takes – within ethical limits -- to enhance your web presence with posts on your firm’s
website, Facebook page, LinkedIn and blogs; press releases, bylined articles, and advertisements because digital media are here to
stay in the legal marketplace.
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© 2011 Terry Graham. This article may be published as is with no changes, and with proper
attribution to the author including contact and copyright infomation. The article is posted at
www.terry-graham.com/tgsocmedia.htm
.
Terry Graham, M.A. is a legal marketing and public relations consultant serving clients in the greater San Francisco Bay Area.
She can be reached at 415/686-8442 or
tg@terry-graham.com.
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