Indiana Continuing Legal Education Forum – ICLEF

What’s your attitude about social media? Do you use its marketing tools effectively? Whether you are a social media guru or a newby, reviewing your practices could be of benefit in your legal career.

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

The information provided in Law Tips should not be treated as legal advice. Individuals with legal issues should consult an attorney directly.

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.

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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

“Attorneys who continue to stick their heads in the sand regarding technological developments and concepts could be in for a rude awakening. Those who fail to keep up with the times could very well inadvertently violate their ethical duties. These violations could include transgressions such as maintaining a weak password, neglecting to utilize a metadata scrubber or ignoring the internet as a discovery tool. 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.”

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

In the courtroom and in life in general…being persuasive serves us well. And we could all use some brushing up on our methods from time to time.  Fortunately, Judge Martha Wentworth of the Indiana Tax Court has agreed to provide her illuminating perspectives on being persuasive for our Law Tips readers.

Judge Wentworth gets straight to the point by offering two strong tenants for success as an advocate in the courtroom, followed by specific ways to go about accomplishing these goals:

• Give the Judge tools to find in your clients favor.
• Present your case in a persuasive manner.

PROVIDE PERSUASIVE TOOLS

1. Citations to Law  e.g. Tax Court precedent; binding Supreme Court authority; statutes; authority from other jurisdictions with explanation why it applies.

2. Citations to the Record

3. Reasoned Analysis

• Do not say “I believe” or “I think.”
• Do not use hyperbolic adjectives/adverbs.
• Do not be conclusory (fail to link result to reasons).
• Do walk the Court through every element of your analysis. (This should be easy because you should have already done this at the Indiana Board or the Dept of Local Government Finance!)

PRESENT PERSUASIVELY

1.Written & Oral argument should be succinct and organized

• Do use headings to organize.
• Do not write in a James Joycean literary style.
• Do not read from your brief.
• Do not ramble!

2. Own Your Argument

• Know your case better than the Judge & opposing counsel.
• Defuse the weaknesses of your own case before opposing counsel does.
• Address the opposing party’s argument and explain why it fails.

3. Welcome Questions from the Bench

• Do not jump the gun: Let the Judge ask the entire question before answering.
• Do answer the question that is asked.
• Questions reveal whether the Judge follows your reasoning and where the Judge disagrees.
• Answers are the best opportunity to persuade!

4. Demonstrate Civility

• Be polite.
• Show respect for opposing counsel & the Court.
• Express passion w/o inflammatory rhetoric, hyperbole, or extreme adjectives/adverbs.
• Do not launch personal attacks.
• Do not play the “blame game:” Own your own mistakes.

5. Be Genuine

• Present the argument that you have come to believe in.
• A disingenuous argument is transparent.

Are you clipping these judicial pointers to your desktop for reference as you prepare your next persuasive presentation? Couldn’t we use a few of these tips in our family situations as well?

During her “View from the Tax Court” presentation at our 13^th Annual Property Tax Institute, Judge Wentworth expands on her valuable advice for accomplishing these objectives. You may want to take advantage of that instruction, as well as, the comprehensive CLE presented by our additional faculty by attending a Video Replay Seminar near where you work or live or by viewing our Online / On Demand Seminar available anytime anywhere, Click 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