Social Media Presentations for Lawyers Are In Demand

With Lynn Krauss, President
Midland County Bar Association

Over the past several years, I have had the opportunity to address various bar organizations and industry groups on the topics of marketing and legal issues emerging within the social media context.  Lately, my bookings for such presentations have increased.

Lawyers now want to know how to market their wares electronically, and how to avoid the pitfalls.



Yesterday, I presented to the Midland County Bar Association.  They hold their monthly meetings in the spacious, and just-built, clubhouse at the Midland Country Club.

As bar association meetings go, it was a well-attended event.  The MCBA's Treasurer, Eric Larsen, attributed this to the topic he arranged: social medial marketing for lawyers.  Of the nearly 40 attendees, there was an even mix of general practitioners and Dow corporate attorneys.

The discussion focused on how to stay abreast of the constant wave of information; how to manage that information; and how to disseminate select portions of that information for a lawyer's prospects.  Hyper-local marketing was explained.  Tips were imparted on how to rise above the ever-present clutter that always seems to accompany search engine results.

The message in Midland was consistent with my other presentations: to get noticed on the Internet [i.e. Google, Yahoo, YouTube], lawyers marketing on the web need to frequently post relevant content that your target audience will find useful.

Now doing that, while managing a law firm, and actually practicing law, that is the challenge for the modern general practitioner.  More and more, lawyers and catching on to the social media wave.  For many, the good ole "yellow pages" ad is a distant memory.

Upcoming presentations on these topics will include a webinar sponsored by Thompson-West on Thursday, 02/23/2012, at 11:00 am EST.  Also, I will be on a panel of other practicing attorneys at the "Avvocating 2012" seminar in Seattle, WA in May.

Stay tuned as this is an ever-evolving topic.

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Clarkston Legal Presents at ICLE's 10th Annual Family Law Instutite

On Friday, I presented on the topic of social media in the family law context to 500 Michigan lawyers attending ICLE's 10th Annual Family Law Institute at the Inn at St. John's in Plymouth, MI.

Part of the presentation dealt with the national and local "influencers" in the area of social media and the law; particularly family law.  Some of the more dynamic profiles of attorneys utilizing the social media were  profiled and discussed.

Lawyers are utilizing sites like Google+, YouTube, Linked In and Facebook to promote their content, expertise and profile.  Law-related sites such as JD Supra, Nolo, and Avvo were also profiled.

The second half of the presentation touched on issues of privacy and the expectation of privacy, or lack thereof.  The top social media sites referenced above install pieces of tracking software onto users computers.  The WSJ shined a bright light on this practice in its 2010 series, "What They Know".

Forensic recovery of electronically stored information (ESI) was one of the areas of primary focus.  Many divorce clients now present with information obtained through a violation of the spouse's privacy rights; the attorney must not accept such evidence.

Other clients destroy evidence or illegally scrub electronic information in transit with key-stroke programs such as the "evidence eliminator" which boasts that not even the FBI could recover scrubbed data.

One focus on whether evidence of bad conduct that may be relevant, or critical, to a custody dispute, is the source of the information.  ESI on a "family" computer has no expectation of privacy and is thus admissible in the family court.

Finally, the presentation surveyed recent litigation and case law arising from evidentiary disputes in family courts.  Some of the cases involved sexting, other cases involved cyber-bullying.

In all, it was a successful presentation made to an interested group of attorneys looking to put it all together in the social media context.

www.clarkstonlegal.com

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Privacy & Intellectual Property on Facebook

This post is the original content of Geoff Livingston, a blogger from the Washington D.C. area recognized as a social media and blogging "expert" by the Washington Post.  His 2007 book, Now is Gone was hailed by the WSJ as a valuable resource for those interested in mining social media.

The topics of privacy and intellectual property relative to Facebook are intertwined and receive recurring attention.  Here is Geoff's recent post:

Have you read Facebook’s Statement of Rights and Responsibilities? I decided to after talking to a Facebook IP lawyer. There are some serious dangers for content marketers on Facebook:

“For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (“IP License”).”

AND

“You will not tag users or send email invitations to non-users without their consent.”

If someone is using content as a means to market to their potential customers, the first statement presents huge issues. It’s clear that protecting IP is hard on Facebook given these terms.

While the same statement offers IP protections, Facebook is clearly soft on enforcement. Basically, for someone to get in trouble for using your copyrighted content without your permission, it requires someone to “repeatedly infringe” for Facebook to take action.

All in all, your content is not safe on Facebook, IMO. It’s best to use secondary services such as a blog, a video site or a photo site, and link back in if protecting copyright is an issue.

On the tagging front, I was particularly interested as this is a common form of marketing wares on Facebook, one I often interpret to be spam. Apparently, if you tag someone in a manner that they do not approve, it REALLY IS spam.

Reading the same policy, “You will not send or otherwise post unauthorized commercial communications (such as spam) on Facebook.” Facebook has demonstrated it is adamant about policing spammers on its network. It is actively prosecuting abusers of its spamming policy and suing them.

In essence, if you use tags with your content or posts to market your services, you are spamming people. No ifs or ands about it. If the people who are being tagged decide to report you, it’s likely that you will find little leniency from Facebook.

The lesson for content marketers, don’t hard sell on Facebook. Tagging should be soft, clearly benefiting the community members mentioned. Otherwise it’s best to try other social network services to achieve your goals.

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