Thanks to Cynthia Sharp, The Sharper Lawyer, we’ve considered over the past two weeks several relevant issues concerning the efficiency and ethics of online law practice marketing. So far in our series on “Your Practice Online” she has offered food-for-thought on websites, as well as a jump start on the ethics concerning social media. Let’s move further inside her advice on how you might use these opportunities.

Last week Cynthia offered this conclusion: “Social media is not only a powerful marketing tool but is gaining widespread use as a litigation research tool for those who wish to leave no stone unturned. It also presents a strong and burgeoning practice building opportunity. Are you going to be among those growing numbers or are you going to continue to stick your head in the sand?”

Do You Market Online?
Times are tough out there. Associates are being laid off right and left. Law firms are collapsing. In some corners, business continues to dry up. Bringing in (and maintaining) clients is not just a matter of success, it’s a matter of survival. More than ever, all businesses (which includes the legal industry) must pick up the pace and figure out creative ways to attract additional matters. A strong marketing program that is faithfully followed will undoubtedly increase a law firm’s revenue – even for those with a modest initial budget. Many attorneys don’t market because they believe it to be unnecessary, unprofessional or too time consuming. Maybe they just don’t know where to begin or mistakenly believe that they cannot afford to undertake a marketing initiative. In order to develop a wide (and always growing) network of contacts, get out of the office and go online!

You need to meet or connect with people. Deciding not to attend a networking function could result in lost opportunity. Likewise, failure to establish a social networking presence will have the same result. Think of all of the people you have met in the past through various connections or at parties, classes or through employment. The day before you met them, you probably didn’t know you were going to meet them.

The same holds true for today. You have no idea as to what opportunities ·will be presented that could literally change the course of your life. You may meet your next employer, employee, mentor, client, referral source or love interest. Approaching attendance at a networking function with that attitude changes the whole game. The same holds true for participation in social media. Since awareness of and strict adherence to the attorney ethics rules is crucial, a review of those rules and advisory opinions is a good place to start.

Recognition of Social Media as Legitimate Source
Various Manuals of Style recognize that social media sites are legitimate sources from which to cite: The Preface to the Nineteenth Edition of The Bluebook: A Uniform System of Citation acknowledges the enhanced array of available resources courtesy of the Internet (see link below):

“Rule 18 has changed considerably, primarily to allow increased citation to Internet sources.

Specific changes include:
Rule 18.2.l(a) now provides guidance allowing citation to authenticated and official Internet sources as well as exact digital scans of print sources as if they were the original print source. These changes in Rule 18 allowing citation to official, authenticated, or exact Internet copies of cited materials are also reflected in Rules 10, 12, 15, 16, and 17. Guidance for citation to webpage titles of main pages and subheadings has been expanded in rule 18.2.2(b).

Rule 18.2.2(a) now states that when no author of an Internet source is clearly announced, the author information should be omitted from the citation, unless there is a clear institutional owner of the domain.  Additionally, institutional authors of Internet sources should be abbreviated according to Rule 15.1(d).

Rule 18.2.2(c) now states that citations to Internet sources should be dated as they appear on the Internet site, using only dates that refer clearly to the material cited. When material is undated, the date of the author’s last visit to the website should be placed in a parenthetical after the URL.  Rule 18.2.2(c) now also states that for blogs and other frequently updated websites, citations should include timestamps whenever possible.

Rule 18.2.2(h) still encourages the archiving of Internet sources, but does not require the citation  to indicate the location of an archival copy.

Rules 18.6 and 18.7 now allow for the use of timestamps in citations to audio and video recordings.

Rule 18.7.3 now provides citation guidance for pod casts and online recordings.

Professor James Grimmelmann provided vital advice and assistance in revising rule 18″.
(Retrieved from https://www.legalbluebook.com/Public/Introduction.aspx- last visited Jan. 16, 2012)

Chicago Manual of Style. “Chicago-Style Citation Quick Guide.” 16th Edition.
http://www.chicagomanualofstyle.org/tools_citationguide.html

C. Vodzak. “Direct Citations to Internet Sources: How to Cite to Blogs.” June 7, 2011.
http://vodzaklegal.com/blog/2011I06/direct-citations-to-internet-sources-how-to-cite-to-blogs/

Purdue Online Writing Lab. “Reference List: Electronic Sources (Web Publications).” Last edited January 15, 2012. http://owl.english.purdue.edu/owl/resource/560/10/

I hope you gained a clearer vision of the possibilities for online marketing from Ms. Sharp’s advice. So, where does your law firm’s marketing go in the future?  Is it necessary to devote more effort to these technological challenges? Or are you already there?  How much is it all worth? Cynthia Sharp’s opinion is: “The message is clear: mastering substantive law is not enough. All lawyers must acquire technological skill in order to continue serving clients efficiently AND ethically.”

We appreciate the helpful and fresh technological insights that Ms. Sharp shared here on Law Tips in our “Your Law Practice Online: Efficiently and Ethically” series.

Learn more from Ms. Sharp in her CLE Seminar “Ethics of Legal Marketing & Law Practice in a Social Media Environment” available at an ICLEF Video Replay site near you.

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About our Law Tips faculty contributor:
Cynthia Sharp, Esquire, The Sharper Lawyer
As a practicing attorney, Cynthia spent close to 30 years building a successful law film. At the pinnacle of her career, she sold her interest in the practice and founded The Sharper Lawyer, an accredited CLE Provider and Business Coaching entity. Through her courses, she shares business acumen, practice building tools and office management techniques that have withstood the test of time. Her upcoming book The Guide to Attaining Financial Security for Lawyers is scheduled to be published by the ABA Solo, Small Firm and General Practice Division in the Fall of 2013.

About our Law Tips blogger:
Nancy Hurley, Law Tips blogger, has long-standing connections with Indiana lawyers. She was formerly a member of the ISBA and IBF staffs for over 30 years. Nancy’s latest lifestyle venture is with ICLEF. We plan to utilize her exceptional writing and interviewing skills while exploring how her Indiana-lawyer background fits with ICLEF’s needs. When she isn’t ferreting out new topics for Law Tips, her work can be found in our Speaker Spotlight blogs, postings on the ICLEF Facebook page, Twittering and other places her legal experience lends itself.

We appreciate you reading Law Tips.  If you would like to receive this weekly blog through a feed, click on the RSS link at the top of this page. Also, look for blog updates on Facebook and Twitter.  Your comments are welcome as Nancy continues to sift through the treasure trove of knowledge of our expert faculty to share with you on Law Tips.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Win big at the French Lick Casino! In addition to our special prizes awarded throughout our annual tournament, someone will walk away as our new 2013 ICLEF Slot Queen or King! Join in the fun along with our 2012 reigning Slot Tournament King, Christopher M. Manhart, Bowman, Heintz, Boscia & Vician, P.C.. Wonderful prizes provided by French Lick Resort & Casino will be awarded to the winners as well as “lucky” participants. Open to the first 60 Registrants! Don’t miss your opportunity to be crowned as this year’s Tournament Slot King or Queen!

To Register for the Slot Tournament download a PDF of the Registration form by Clicking Here -OR- email: scottking@iclef.org

To learn about this year’s Masters Series Summer Conference Click Here.

ICLEF’s Annual Masters Series Conference Slot Tournament for 2013
Friday, July 26, 2:00 P.M.-5:00 P.M.
Entertainment Lounge, French Lick Resort Casino

Reigning Tournament Slot King: Christopher M. Manhart, Merrillville, IN

• White Collar Defense & Investigations, 6 CLE / 1 E – Thursday, June 6
Live In-Person Seminar
ICLEF Conference Facility, 230 E. Ohio St. Suite 500, Indianapolis, IN  46204
Live Individual Webcast
Available from your home or office computer with high speed internet access
Video Replay Seminars
Available throughout the state after the live seminar

• Representing An Entertainment or Sports Client, Estate or Family, 2 CLE – Tuesday, June 11
Live In-Person Seminar
ICLEF Conference Facility, 230 E. Ohio St. Suite 500, Indianapolis, IN  46204
Live Individual Webcast
Available from your home or office computer with high speed internet access

• 40th Annual Midwest Estate, Tax & Business Planning Institute, 12.5 CLE / 1 E / 15 CPE / 12.5 Insurance CE – Thursday & Friday, June 13 & 14
Live In-Person Seminar
Indiana Convention Center, Sagamore Ballroom, 100 S. Capitol Ave., Indianapolis  46225
Video Replay Seminars
Available throughout the state after the live seminar

• Representing a Client in a Mediation: Preparing Yourself, Your Client & Your Case, 6 CLE / 6 CME – Thursday, June 20
Live In-Person Seminar
ICLEF Conference Facility, 230 E. Ohio St. Suite 500, Indianapolis, IN  46204
Video Replay Seminars
Available throughout the state after the live seminar

• Collections: Tips for Going Green, 6 CLE – Wednesday, June 26
Live In-Person Seminar
ICLEF Conference Facility, 230 E. Ohio St. Suite 500, Indianapolis, IN  46204
Live Individual Webcast
Available from your home or office computer with high speed internet access
Video Replay Seminars
Available throughout the state after the live seminar

• Advanced Employment Law, 6 CLE – Thursday & Friday, June 27 & 28
Live In-Person Only Seminar
West Baden Springs Hotel & Spa, French Lick, IN

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Seven of ICLEF’s Masters Series programs will meet concurrently Friday and Saturday, July 26-27 while also allowing for time to enjoy fellowship and all there is to see and do at the French Lick Springs Resort & Casino as well as the remarkable setting of the neighboring West Baden Springs Resort. Very special room rates have been made available for ICLEF Masters Series Conference Attendees. Hotel reservations can be made online at www.FrenchLick.com or by calling 812-936-9300.

Advanced Level Seminars at This Years Conference:
ICLEF is pleased to present advanced-level seminars, known collectively as The Masters Series, for those practitioners who require a distinct level of continuing legal education in their respective fields. Trademarks of The Masters Series include a low faculty-to-attendee ratio, seating arrangements that facilitate interaction, and topics designed to make you think, while providing you with answers to the tough questions and difficult situations you may encounter in your practice.

Click a title below for Topics, Faculty, Agenda, Price & Registration information. To download a PDF of the 2013 Masters Series Conference Brochure & Registration form, Click Here.

PTI: Ethics - 3 CLE / 3 E
Pardon The Interruption: Ethics back by popular demand!

Advanced Estate Planning - 6 CLE / 1.5 E

Advanced Family Law - 6 CLE 

Advanced Issues in Law Practice Management - 6 CLE / 1 E  

Advanced Personal Injury - 6 CLE

Advanced Civil Mediation - 6 CLE / 6 CME / 1 E

Advanced Environmental Law - 6 CLE

Advanced Issues in Gaming Law - 6 CLE

______________________________________________________________________

Masters Series Conference Schedule of Events:

Thursday, July 25, 2013
10:00 A.M.     ICLEF Board of Directors Meeting
                        - West Baden Room, West Baden Springs
12:00 P.M.     ICLEF Masters Series Conference Registration Open
                        - Level 2 Conference Facility Area
1:50 P.M.        Welcome & Introduction
                        - Alan M. Hux, Masters Series Conference Chairperson
                        – Windsor Ballrooms, Level 2 Conference Facility Area
2:00 P.M.       PTI: Ethics!
                        - James J. Bell, Program Chair
                        - Windsor Ballrooms, Level 2 Conference Facility Area
3:30 P.M.       Program Break
3:45 P.M.       Plenary Session continues
5:15 P.M.       Adjourn for the Day

5:30 P.M. – 7:30 P.M.      Hosted Reception
                                        (Open to All Faculty, Registrants & Guests)
                                        – Level 1 Conference Center Foyer / Terrace Area

Friday, July 26, 2013
7:30 A.M.      ICLEF Masters Series Conference Registration Open
                      - Level 1 Conference Facility Area
7:45 A.M.      Continental Breakfast for Faculty & Attendees
                      - Level 1 Conference Center Foyer
9:00 A.M.     Begin Part One of the 2012 Masters Series Conference
                      - Level 1 Conference Center

Program start and break times will vary by individual seminar agenda

12:15 P.M.    Adjourn for the Day

2:00 P.M. – 5:00 P.M.     ICLEF Private Slot Tournament
                                        (Open to All Registrants & Guests. See Below for more information)
                                        - Entertainment Lounge, French Lick Casino

4:00 P.M.     Historic West Baden Tour
                    (Open to All Registrants & Guests for $8. Proceeds benefit Indiana Landmarks,
                    a Nonprofit Organization. See Below for more information)

6:30 P.M. – 9:00 P.M.     ICLEF Movie Presentation of the classic 1962 film, “To Kill a Mockingbird”
                                         (Open to All Registrants & Guests. See Below for more information)

To download a PDF of the 2013 Masters Series Conference Brochure & Registration form, Click Here.

Saturday, July 27, 2013
7:30 A.M.      ICLEF Master’s Series Conference Registration Open
                      – Level 1 Conference Facility Area
7:45 A.M.      Continental Breakfast for Faculty & Attendees
                      - Level 1 Conference Center Foyer

Program start and break times will vary by individual seminar agenda

9:00 A.M.     Begin Part Two of the Master’s Series Conference
                    - Level 1 Conference Center
12:15 P.M.    Conference Adjourns

______________________________________________________________________

ICLEF Slot Tournament:
Friday, July 26, 2013  •  2:00 P.M.– 5:00 P.M.
- Entertainment Lounge, French Lick Casino

To register for the Slot Tournament email:  scottking@iclef.org. Or to download a PDF of the 2013 Masters Series Conference Brochure & Registration form, Click Here.

Reigning Tournament Slot King
Christopher M. Manhart, Merrillville, IN

Win big at the French Lick Casino! In addition to our special prizes awarded throughout our annual tournament, someone will walk away as our new 2013 ICLEF Slot Queen or King! Join in the fun along with our 2012 reigning Slot Tournament King, Christopher M. Manhart, Bowman, Heintz, Boscia & Vician, P.C., as ICLEF will host a free and exciting Slot Tournament exclusively for our program attendees and their guests. Wonderful prizes provided by French Lick Resort & Casino will be awarded to the winners as well as “lucky” participants. Open to the first 60 Registrants! Don’t miss your opportunity to be crowned as this year’s.

To register for the Slot Tournament email: scottking@iclef.org.  Or to download a PDF of the 2013 Masters Series Conference Brochure & Registration form, Click Here. 

______________________________________________________________________

ICLEF Historic Tour & Movie Night:
Friday, July 26, 2013  •  4:00 P.M.-9:00 P.M.
- The Lilly Room, West Baden Springs Hotel

Tour the Historic Grounds
4:00 P.M. – 5:00 P.M.   Prior to our movie presentation, enjoy a private tour of the West Baden Springs Resort to truly appreciate the architectural and historical significance of the resort. A nominal fee of $8 will be charged for the tour, with all proceeds going to Indiana Landmarks. To register for the Historic West Baden Tour email: scottking@iclef.org.  Or to download a PDF of the 2013 Masters Series Conference Brochure & Registration form, Click Here.

ICLEF Movie Presentation of the classic 1962 film “To Kill a Mockingbird”
“Now gentlemen, in this country our courts are the great levelers, and in our courts all men are created equal. I’m no idealist to believe firmly in the integrity of our courts and of our jury system. That’s no ideal to me. That is a living, working reality. Now I am confident that you gentlemen will review without passion the evidence that you have heard, come to a decision, and restore this man to his family. In the name of God, do your duty. In the name of God, believe Tom Robinson.”- Atticus Finch

6:30 P.M – 9:00 P.M.    Masters Series Conference faculty, attendees and guest are cordially invited to our informal and private viewing of the movie that inspired many of you to consider the practice of law. This 1962 classic film based on the book by Harper Lee follows small-town attorney and moral hero, Atticus Finch. Admission to Movie Night is free! A cash bar and complimentary snacks are available. All movie guests are eligible for special prizes to be drawn before the show! This is a limited attendance event, so sign up early. To register for ICLEF’s Movie Night email: scottking@iclef.org.  Or to download a PDF of the 2013 Masters Series Conference Brochure & Registration form, Click Here.

______________________________________________________________________

Other Activities & Offerings:

French Lick Springs Resort & Casino
Spend some time exploring all there is to do and see at French Lick Springs Resort & Casino and neighboring West Baden Springs Resort. Concierge service will be provided by FLSR and available throughout the day at the ICLEF registration desk to assist you in making tee times, spa or dinner reservations, and to assist you with the many other activities and features of the beautiful and historic French Lick Springs Resort!  For a complete list of activities at the resort, please go to the resort’s website at www.FrenchLick.com 

Very special room rates have been made available for ICLEF Masters Series Conference Attendees. Hotel reservations can be made online at www.FrenchLick.com or by calling 812-936-9300.

Enjoy a Round of Golf!
It is recommended that reservations for the French Lick Resort Golf Courses be made prior to your arrival. As special guests of ICLEF, conference attendees may reserve tee times at either the nationally recognized Pete Dye Course or Donald Ross course on either Wednesday afternoon (7/24) or Thursday morning (7/25) regardless of where you make your overnight accommodations! ICLEF has blocked a limited number of tee times on these two dates for your convenience. These tee times are available until July 5, 2013 so make your plans today! For golf reservations call 812-936-9300 & ask for the ICLEF reserved tee times.

Concierge service will be provided by French Lick Springs Resort
Available throughout the day at the ICLEF registration desk to assist you in making tee times, spa or dinner reservations, and to assist you with the many other activities and features of the beautiful and historic French Lick Springs Resort! For a complete list of activities at the resort, please go to the resort’s website at www.FrenchLick.com 

Relax in one of the Resorts’ Signature Spas
It is recommended that reservations for the French Lick Resort Spas be made prior to arrival. For spa reservations call 812-936-5819.

Fun Just for the Kids
French Lick Resort provides fun and exciting activities and adventures that will keep any child engaged and absorbed! Special activities, supervised by the Resort’s trained counselors, have been developed to ensure that kids ages 6-12 years have a full experience in fun and creativity. Visit the resort website for specific activities and events under the link “KidsFest.” Big Splash Adventure Indoor Water Park Just across the way from the French Lick Resort, Big Splash Adventure Indoor Water Park & Resort offers an exciting water park adventure for the entire family. Experience tropical luxury in a family friendly environment! For more information about all the wet and wild fun visit the water park website at www.bigsplashadventure.com

• Planning & Zoning, 6 CLE / 1 E - This program is no longer available as a Live In-Person Seminar. However, you can still view the Video Replay, the Online/On Demand Video or purchase the Publication of this Seminar by Clicking Here.

• Portability Aspects of The American Taxpayer Relief Act of 2012, 3 CLE - This program is no longer available as a Live In-Person Seminar. However, you can still view the Video Replay, the Online/On Demand Video or purchase the Publication of this Seminar by, Clicking Here.

• The New Parenting Time Guidelines, 3 CLE - This program is no longer available as a Live In-Person Seminar. However, you can still view the Video Replay, the Online/On Demand Video or purchase the Publication of this Seminar by, Clicking Here.

• Indiana Inheritance Tax Update, Including Coverage of Indiana HEA 1001, 3 CLE - This program is no longer available as a Live In-Person Seminar. However, you can still view the Video Replay, the Online/On Demand Video or purchase the Publication of this Seminar by, Clicking Here.

• How to be Seriously Ethical & an Effective Lawyer, 6 CLE / 6 E - This program is no longer available as a Live In-Person Seminar. However, you can still view the Video Replay, the Online/On Demand Video or purchase the Publication of this Seminar by, Clicking Here. (Coming Soon)

• The TOP TEN Things In-House Counsel Should Know to Avoid Litigation, 1 CLE – May 21, Live In-Person & Live Individual Webcast Available, ICLEF Conference Facility, Indianapolis

• Health care Reform: The ACA, New HIPAA Rules and More, 6 CLE / 1 E - May 22, Live In-Person & Live Group & Individual Webcasts Available, Indianapolis, Lafayette & Mishawaka

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Patents prove extremely valuable for pharmaceutical companies. In fact, without a patent, Pfizer likely would not have enjoyed billions in revenue for Lipitor. (The Lipitor patent was the most profitable patent in the world to date.) Patents provide exclusive rights for a fixed period to the inventor or the inventor’s assignee, giving inventors the ability to exclude others from the market. As a result, drug companies can charge a premium to make up for the time and money spent on researching and developing a new drug. These companies can also receive up to treble damages for infringement when a competitor is found willfully infringing.

However, patents have expiration dates. Thus, the pharmaceutical industry continues to face challenges as patents for lucrative brand name drugs expire. These expirations force the industry to find innovative ways to remain competitive. But the pharmaceutical industry’s troubles do not end there. Along with patent expirations, patent rejections make business complicated for pharmaceutical companies. Unfortunately, these rejections continue to make headlines. For instance, India recently rejected a patent application for the Novartis cancer drug Glivec, and the United States ruled the AstraZeneca asthma drug Pulmicort Respules patent invalid.

Rejected patents have a significant financial and strategic impact on patent owners. Patents are expensive to acquire, costing thousands of dollars to prosecute, and these costs rise dramatically if an application includes foreign jurisdictions. Therefore, when a patent is rejected, an applicant loses money invested on legal and patent-related fees in pursuing the patent. Also, when a patent is rejected, the owner (pharmaceutical company) faces fierce competition from companies that specialize in making and selling generic drugs at a cheaper rate than the original versions. Generic drug makers can easily make generic versions since patents disclose specifics regarding the innovation (drug). Therefore, generic drug makers essentially have the formula in front of them. Rejected patents make it easier for generic drug companies to get to the market faster because they don’t have to wait for a patent to expire.

Compared to expired patents, rejected patents cause a much larger blow to pharma companies. While expired patents create challenges of their own, companies at least enjoy the benefits of those patents for a certain length of time. Therefore, they can try to prepare themselves for the consequences of an approaching expiration date. For rejected patents, pharma companies immediately lose invaluable time, money, and competitive advantages. However, countries that reject patents may suffer future consequences themselves. For instance, pharmaceutical companies may not be willing to offer drugs in the future or invest in resources on research and development in those countries. This can create a disadvantage for those countries and their citizens when innovation becomes nonexistent. Without innovation, these countries won’t have the ability to provide better medication or combat specific diseases, which decreases the overall quality of life for the citizens of those countries.

Without patents, drug companies cannot maintain a sustainable competitive advantage over other companies, and they have no incentive to develop breakthrough treatments. Thus, they may be less likely to invest in major R&D projects that could make the difference for individuals suffering from medical conditions that have limited or no treatment currently available. Patents are key to providing companies with the appropriate rights when developing new and revolutionary treatments and technology.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Welcome back to Law Tips.  I’m very pleased to continue our “Your Law Practice Online” series with Cynthia Sharp, The Sharper Lawyer.  If you missed last week’s website pointers, you can find them by paging down when you reach the end of this blog. For now, let’s hear what Cynthia has to offer as to your communication skills and her update on the status of social media in the law practice.

Are you communicating professionally?

Many attorneys shy away from Social Media, exclaiming “I don’t have time for Facebook. I didn’t talk to those people when I was in high school anyway.” or “I don’t understand the big deal about Twitter. Why do I need to know what my cousin’s son ate for breakfast? What’s a Tweet anyway?”

Those attorneys are missing a huge opportunity!!! The effectiveness of both client development and retention is dependent upon the mastery of solid networking and communication skills – online and otherwise.

While the use of social media introduces unique opportunities to the legal profession, it simultaneously opens the door to new, unexplored and most likely unexpected ethical issues. After all, ANY online post that an attorney makes may be a form of communication and/or advertising governed by the ethics rules in most jurisdictions.

Several instances of the misuse of social media by attorneys are described in John Schwartz’ article “Legal Battle: Online Attitude vs. Rules of the Bar“, N.Y Times, Sept. 12, 2009. Sean Conway, a Florida attorney received a reprimand and was fined by the Florida Bar after he stated in his blog that a particular judge was an “Evil, Unfair Witch”.

Attorney Steven Belcher – Hired as a “temp” by a law firm with respect to a wrongful death matter. Having been brought in early on, he took pictures of the obese corpse and emailed them to at least one friend with reportedly vulgar commentary. Had he not sent it through the law firm email, he might not have been caught. The law firm monitored employee’s emails and immediately turned him in. Sixty day suspension.

Social Media Use in the Legal Profession:

Each year the ABA Legal Technology Resource Center conducts a survey of ABA attorneys in private practice about the use of technology in their firms. According to survey results released in August of 2010, the percentage of attorneys who maintain a presence in an online community was reported as follows:

• 15% 2008
• 43% 2009
• 56% 2010

That includes 127,500 general counsel. A search of LinkedIn reveals 12,086 law firms with a profile page, including most major U.S. firms. Potential clients use LinkedIn too. There are at least 200 million members on LinkedIn and every second, 2 new members join. 100% of the Fortune 500 companies have executives on LinkedIn. Twitter has entered the mainstream as well, with 500 million users and growing. According to the 2012 Corporate Counsel New Media Engagement Survey conducted by ALM Legal Intelligence, 55% of those responding say a law firm’s blog can influence hiring decisions.

Social media is not only a powerful marketing tool but is gaining widespread use as a litigation research tool for those who wish to leave no stone unturned. It also presents a strong and burgeoning practice building opportunity. Are you going to be among those growing numbers or are you going to continue to stick your head in the sand?

Thank you again to Cynthia Sharp for providing these social media insights. If you are looking for additional training in the challenges of online legal marketing, Cynthia Sharp’s CLE session introduces attendees to the basics of Web 2.0 with the objective of taking the mystery out of Facebook, LinkedIn, Twitter, Blogging and more. For details on Cynthia Sharp’s Presentation:” Click Here.

_________________________________________________________________________________

About our Law Tips faculty contributor:
Cynthia Sharp, Esquire, The Sharper Lawyer
As a practicing attorney, Cynthia spent close to 30 years building a successful law film. At the pinnacle of her career, she sold her interest in the practice and founded The Sharper Lawyer, an accredited CLE Provider and Business Coaching entity. Through her courses, she shares business acumen, practice building tools and office management techniques that have withstood the test of time. Her upcoming book The Guide to Attaining Financial Security for Lawyers is scheduled to be published by the ABA Solo, Small Firm and General Practice Division in the Fall of 2013.

About our Law Tips blogger:
Nancy Hurley, Law Tips blogger, has long-standing connections with Indiana lawyers. She was formerly a member of the ISBA and IBF staffs for over 30 years. Nancy’s latest lifestyle venture is with ICLEF. We plan to utilize her exceptional writing and interviewing skills while exploring how her Indiana-lawyer background fits with ICLEF’s needs. When she isn’t ferreting out new topics for Law Tips, her work can be found in our Speaker Spotlight blogs, postings on the ICLEF Facebook page, Twittering and other places her legal experience lends itself.

We appreciate you reading Law Tips.  If you would like to receive this weekly blog through a feed, click on the RSS link at the top of this page. Also, look for blog updates on Facebook and Twitter.  Your comments are welcome as Nancy continues to sift through the treasure trove of knowledge of our expert faculty to share with you on Law Tips.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

I am excited to have Cynthia Sharp, The Sharper Lawyer, as a contributor for this Law Tips series on legal marketing and social media. She shares her extensive background as a business coach for lawyers. Later, I’ll provide you with a link to the CLE program wherein she provides a comprehensive, interesting look inside the  “Ethics of Legal Marketing & Law Practice in a Social Media Environment.” 

Cynthia’s challenge quoted above is for every legal professional today.  Her expertise affords a wide range of counsel on the current legal marketing atmosphere. Let’s begin our series with her review of the issues that might develop for any law firm’s website.

Law Firm Website Rules:

While most law firms have developed websites, many have not focused on potential ethical issues that may be lurking. Make sure that ALL information is current and comports with the Rules of Professional Conduct (RPC). Many don’t consider that a visitor to the website may believe that an attorney-client relationship has been created through inquiries he or she posts on the site.

Formal Opinion 10-457 (see link below) was issued by the American Bar Association to provide formal guidance on lawyers’ use of websites. The opinion advises that lawyers are prohibited from including misleading information on websites, must be mindful of the expectations created by the website, and are required to carefully manage inquiries invited through the website.

In addition, websites that invite inquiries may create a prospective client-lawyer relationship under Rule 1.18 (protecting the confidentiality of the prospective attorney/client relationship). Lawyers who respond to website-initiated inquiries about legal services should consider the possibility that Rule 1.18 may apply. In addition, any limitations, conditions, or disclaimers of lawyer obligations will be effective only if reasonably understandable, properly placed on the site, and not misleading.

Recent Developments:

Ty Hyderally took on the task of restructuring the website of his 14-attorney law firm in 2005. His cousin who volunteered his website design services included the seal of the New Jersey Board of Attorney Certification on every page of the site. After two years, the emblem came to the attention of the Committee on Attorney Advertising. The unfortunate attorney was charged by the district ethics committee with violating RPC 8.4 (c) relating to conduct involving dishonesty, fraud, deceit or misrepresentation and Court Rule 1:39-6(b), involving the improper use of the emblem for a certified civil trial attorney.

While Hyderally testified before the Disciplinary Review Board that he had not noticed the seal although he had looked at the firm’s website, the ethics committee recommended a reprimand finding that even an unintentional use of the seal violates the RPC and rule because of his failure to review and monitor the content of the website. The ethics complaint was dismissed by the DRB based on the finding of a lack of clear and convincing evidence that Hyderally knowingly committed the ethics violations.

NJ CAA Opinion 31 prohibits the use of a judges picture on a law firm’s website “it is likely to create an unjustified expectation.” RPC 7.1 (a)(2).

On August 5, 2010, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 10-457- Lawyer Websites. It contains an excellent discussion of issues that must be considered by all law firms with websites (which should include all practitioners).

Law firm websites definitely require close monitoring. Have you reviewed and revamped yours lately? I hope these reminders from Ms. Sharp were helpful in avoiding some online law practice issues.

If you need to review the specific opinion and rules referenced above, you will find background at these websites:

Announcement from ABA Now on Formal Opinion 10-457

ABA Professional Responsibility Committee

Are you aware of the possible benefits of using social media? Cynthia Sharp’s relevant advice on where social media is taking the legal profession is enlightening. We will continue our series next week with her insights on the huge opportunities you might be missing in client development and retention.

Meanwhile, if you are looking for a comprehensive continuing legal education update, Ms Sharp’s session, “Ethics of Legal Marketing & Law Practice in a Social Media Environment” is available from ICLEF as a Video Replay near where you work or live by, Clicking Here.

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About our Law Tips Faculty Member:
Judge Martha Blood Wentworth received her law degree awarded cum laude (J.D. 1990) from Indiana University in Bloomington. Thereafter, she began her legal career as judicial law clerk to Judge Fisher at the Indiana Tax Court. Judge Wentworth was appointed by Governor Mitch Daniels to succeed the state’s first Tax Court judge, the Honorable Thomas G. Fisher, upon his retirement in December, 2010. For more than 12 years immediately prior to her appointment, she was a Director at Deloitte Tax LLP where she led Deloitte’s Indiana Multistate Tax Services. Prior to joining Deloitte, she practiced law with the Indianapolis firm Hall, Render, Killian, Heath & Lyman, PC.

About our Law Tips blogger:
Nancy Hurley, Law Tips blogger, has long-standing connections with Indiana lawyers. She was formerly a member of the ISBA and IBF staffs for over 30 years. Nancy’s latest lifestyle venture is with ICLEF. We plan to utilize her exceptional writing and interviewing skills while exploring how her Indiana-lawyer background fits with ICLEF’s needs. When she isn’t ferreting out new topics for Law Tips, her work can be found in our Speaker Spotlight blogs, postings on the ICLEF Facebook page, Twittering and other places her legal experience lends itself.

We appreciate you reading Law Tips.  If you would like to receive this weekly blog through a feed, click on the RSS link at the top of this page. Also, look for blog updates on Facebook and Twitter.  Your comments are welcome as Nancy continues to sift through the treasure trove of knowledge of our expert faculty to share with you on Law Tips.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

]]> http://iclef.org/2013/05/law-tips-your-law-practice-online-efficiently-ethically-part-1/feed/ 0 http://iclef.org/2013/05/indiana-inheritance-tax-repealed-cle-seminar-addressing-indiana-hea-1001-may-14/ http://iclef.org/2013/05/indiana-inheritance-tax-repealed-cle-seminar-addressing-indiana-hea-1001-may-14/#comments Fri, 10 May 2013 10:57:24 +0000 kevin-vonkamecke http://iclef.org/?p=5391 With the passage of Indiana HEA 1001, which repeals inheritance tax for those that died after 12/31/2012, new questions need to be addressed.

• What are the changes to the inheritance tax refund statutes?
• Does the Department of Revenue have to pay interest on a refund?
• Is there a specific form needed or will a letter suffice?
• Do Consents to Transfer have to be prepared?
• What is the procedure for Inheritance tax owed for those that died prior to January 1, 2013?

Join us tomorrow as Indiana Inheritance Tax Administrator Don Hopper and Audit Attorney April Meade address these and many other matters including an analysis of key recent tax court cases, helpful tips in preparing inheritance tax returns and Consents to Transfer, and a discussion (with several examples) of the taxation of trust distributions.

ADDITIONAL TOPICS:
2012-13 LEGISLATIVE UPDATE

• Class A exemption increase & expansion
• Phase out of inheritance tax
• Transfer to an “entity”

INDIANA TAX COURT UPDATE

• Estate of Neterer v Indiana Department of Revenue, 956 N.E.2d 1214 (Ind. Tax Ct. 2011)
  ISSUE: Valuation discount on partial interest in real estate
• Indiana Department of Revenue v Estate of Schoenenberger, 976 N.E.2d 148 (Ind. Tax Ct. 2012)
  ISSUE: Interest on inheritance tax refund
• Pending Cases: Constitutionality of 3 transferee classes, in loco parentis & refunds

HOT TIPS IN INHERITANCE TAX

• Consents to transfer (Form IH-14)
• No tax due – options
• Preparing returns
  - Appraisals
  - Annuities v. life insurance
  - Disclaimers
• Statutes of limitations
• Disagreements between Estate and Department
• Refunds
• After-discovered assets

TAXATION OF TRUST DISTRIBUTIONS

FACULTY:
Donald R. Hopper – Chair
Inheritance Tax Administrator, Indiana Department of Revenue, Indianapolis, IN

April E. Meade
Audit Attorney, Indiana Department of Revenue, Indianapolis, IN

INDIANA INHERITANCE TAX UPDATE – 3 CLE / 3 CPE
INCLUDING COVERAGE OF HOUSE ENROLLED ACT 1001!
This program is no longer available as a Live In-Person Seminar. However, you can still view the Video Replay, the Online/On Demand Video or purchase the Publication of this Seminar by Clicking Here.

ICLEF • Indiana Continuing Legal Education Forum

HELD:
Trial court erred when its final Decree retroactively modified child support obligations of its provisional order without any petition to modify the provisional order on file.

FACTS AND PROCEDURAL HISTORY:
Father and Mother married in 1993, and had Child in 2000. In May of 2011, Mother filed a petition for dissolution of marriage. Two months later, the trial court entered its Provisional Order setting forth various rights and obligations of the parties, including that Father pay child support to Mother of $53 per week and that Mother provide health insurance coverage for Child. Neither party subsequently filed any petition to modify these provisional obligations.

In June, 2012, following nearly four days of final hearings, the trial court issued its Decree. The Decree increased Father’s child support obligation to $155 per week, retroactive to approximately 5 months before the Decree was issued. The Decree also modified the “six percent rule” obligations related to Child’s uninsured and deductible medical expenses, also retroactive to the same date. Father appealed.

The Indiana Court of Appeals reviewed Ind. Code 31-15-4-14, which provides that a provisional order terminates by operation of law upon the entry of a final decree. Indiana statute further provides that, “[t]he terms of a provisional order may be revoked or modified before the final decree on a showing of the facts appropriate to revocation or modification.” Ind. Code 31-15-4-15. Given that neither of the parties requested a modification of the provisional order – much less offered a showing of facts in support of doing so – it was error for the trial court to modify the provisional order retroactively.

The matter was remanded to the trial court to amend its Decree accordingly.

To view the text of this opinion in its entirety, click here: Phillip J. Troyer v. Tracy L. Troyer

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The Indiana Family Law Update is a free service provided by Bingham Greenebaum Doll, LLP. While significant efforts are made to ensure an accurate summary and reproduction of each opinion, readers are advised to verify all content and analysis with a traditional case law reporter before relying on the content and analysis offered here.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN