Terry Graham, M.A.
415/686-8442
Marketing & Public Relations Consultant
Marketing Professional Services
by Terry Graham
The 100th birthday of electronic-media analyst and guru Marshall McLuhan (1911– 1980) is a fitting time to consider how “the [digital]
medium is the message” because, as McLuhan noted: “…it is the medium that shapes and controls the scale and form of human association
and action” (Understanding Media, 1964). A recent New York Times article noted that "McLuhan is now widely celebrated as
the man who prophesied both the Internet and its impact on society."
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.
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 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 – 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?
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.
-----
* ALM Social Media Conference: http://www.almevents.com/conf_page.cfm?instance_id=24&web_id=1271&pid=895
**Nielsen Study - http://blog.nielsen.com/nielsenwire/consumer/global-advertising-consumers-trust-real-friends-and-virtual-strangers-the-most/
Copyright
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.
Social Media Do’s and Don’ts For Law Firms