Materials Prepared by Kathleen L. Daerr-Bannon Presented by Carol L. Schlein Newark NJ February 22, 2013

Carol L. Schlein, Esq. President, Law Office Systems, Inc. Montclair NJ Founding Member Lawtopia LLC National partnership of legal technology consultants Former chair Computer Division, ABA Law Practice Management Section Former columnist, New Jersey Law Journal

Successful attorneys use and obtain clients from maintaining an online presence

Lawyers Use of Social Media ONE SURVEY INDICATES: LINKEDIN 83% FACEBOOK 68% PLAXO 18% TWITTER 1.9% BLOGS 14%

In the future, lawyers realize that they must at least have a presence on LinkedIn and Facebook

Technology is moving faster than the ethics rules Be aware that there are areas that the ABA and NJSBA have not fully covered or are not aware of, so you have to be careful RPC

A. YOUR FIRM WEBSITE 1. Complying with the Model Rules Rule 1.18 Duties to Prospective Client Whether communications, including written, oral or electronic communications, constitute a consultation depends on the circumstances. Rule 7.3 Regarding Solicitation Not clearly covered under solicitation is communication directed toward the general public, such as websites, internet banner advertisements, a request for information, and what is “automatically generated in response to internet searches.”

RPC 7.1. Communications Concerning a Lawyer's Service Domain Name and content can’t be misleading Many states forbid use of.Org or.Gov unless nonprofit Opinion 39 in New Jersey RPC 7.1(a)(3) prohibits comparative ads RPC 7.1(a)(2)prohibits ads creating unjustified expectation about results

Marketing Campaigns RPC 7.3 Personal Contact with Prospective Clients Unsolicited campaigns may violate 7.3(b) if continued after no response. Make sure you have an unsubscribe option Press releases and general announcements are acceptable

Some General Guidelines No misleading information Update and keep all information current Do not create unreasonable expectations Carefully manage inquiries invited through the website Know current state practices and ethics opinions particularly in this recent developing area Use of stock photos Archiving website material Testimonials and case histories

Showcasing Achievements Ethically promoting ratings and rankings Can not state or imply special competence or unique affiliations unless true No pictures of judges

Best Practice Guidelines for Legal Information Web Site Providers ABA Commission on Ethics 20/20 ELawyering Task Force ABA Law Practice Management Section ABA Standing Committee on The Delivery of Legal Services

What do the latest ABA changes mean for marketing your law firm online? See Blog Post by Kelly Ament, September 12, 2012 “Whether communications, including written, oral or electronic communications, constitute a consultation depends on the circumstances.”

Recent ABA Ethics Opinion on Websites Formal Opinion Lawyer postings subject to prohibitions against making false or misleading statements Confidentiality of client information Conflicts of interest

ABA Changes to Model Rules and Marketing Online Model Rule 1.18: Duties to Prospective Client Reworded because the first contact with a would-be client can occur in many ways other than a face-to-face meeting.

Model Rule7.2: Advertising Clarifies when the prohibition against paying for a recommendation is triggered in an era of new methods such as “pay per click” advertising

Model Rule 7.3: Solicitation of Clients “Solicitation” “A targeted communication initiated by the lawyer that is directed to a specific person and that offers to provide, or can reasonably be understood as offering to provide, legal services.”

Additional Ethical Issues 7.1 Misleading or not updating 7.3 Need for disclaimers 1.6 Client confidentiality 7.2, 7.3,7.4, ABA Formal Opinion : Advertising and Solicitation 5.5 and 1.18; ABA Formal Opinion : Inadvertent Attorney-Client Relationship

2. Your Firm Website: Planning the Content, Name and Location Select a Domain Must be ICANN Approved Approved Registrars include Network Solutions Godaddy.com Register. com Beware of “Free” Domains Read the fine print It may mean you lose the domain if you change hosts or host goes out of business

Tips for Domain Name Keep it SHORT and CLEAR Use established business name or variation Use.COM (.ORG for non-profit) Use tools on registrar’s website Plan long term Register related top level domains

3. The Do’s and Emphatic Don’ts of Website Style Well written useful content is the core to a good site Users have shifted from communication to reading content Think about your audience(s) Primary Secondary Unintended

Websites Do’s and Don’ts Organize Keep it Brief Keep it Current Make It Dynamic Edit and Proofread

4. Functionality – How Much Upkeep Would You Like? Outdated Content, Broken Links, Missing Images or Incorrect Contact Info can be harmful

Website Maintenance Visit your site regularly Fix broken links Establish links with reliable sites Monitor traffic statistics Promote your domain on cards, signature Get feedback and criticism from clients

5. Site Maintenance and Upgrades Make it easy to maintain Choose a site platform that is easy to use Add new content regularly Keep it up to date Make it timeless

6. Don’t Do it Yourself! Tips for Web Site Designer Shopping How to Select a Website Designer (Faulkner, LLRX.COM) Law firm specific v. general company Platform – proprietary v. open

Website Services for Attorneys Findlaw LexisNexis/ Westlaw Consultwebs Justia PaperStreet HubbardOne Amicus Creative

7.Where and How to Promote Your Site Social Media Channels LinkedIn MyLegal.com Twitter Blogs Facebook Google+ YouTube Vimeo Q&A sites (Wikipedia/ Yahoo/ Ask)

Legal Links and Directories Lawyers.com and Martindale.com Superlawyers Best Lawyers Numerous Other Sites That Link To and/or Provide Information About Law Firms Legal and Professional Directories Letterhead, Business Cards and Signature

Chat Rooms, Blogs and Discussion Groups Beware of Solicitation, Advertising and Inadvertent Client Relationship

Search Engine Optimization High Quality Links Current Content Monitor Traffic Know the rules Know the rules will change

Blogs (Blawgs) To blog or not to blog, that is the question Blog on your website or on hosted site Wordpress Blogger Typepad

B. Social Media Practices The Good, the Bad, and the Outrageous Seduced: For lawyers, the appeal of social media is obvious But it is also dangerous

1. Rule #1 – Do No Harm! Setting Clear Goals for Your Online Presence

2. Which Social Media to Choose – ROI Analysis Use your time and money wisely Make sure it fits with your firm branding Choose a channel you can stick with Know where your clients are Social networking sites for lawyers (Burdge the Law Coach)

Commonly Used Social Media Sites for Lawyers Facebook Personal and Business Page LinkedIn Twitter Martindale.com/join.Aspx Legalonramp Lawlink

When Lawyers “like” Facebook: Using the Site to Attract and Maintain Clients Facebook in One Hour for Lawyers By Dennis Kennedy & Allison Shields (ABA Law Practice Management Section)

Facebook Tips Facebook is the most used social media site You need to be there if your targeted audience is there Use both personal and professional space Separate business from personal Recognize that everything on Facebook is on the web Understand and use Facebook’s privacy and account settings

3. Creating a Firm Profile – What Information to Include? Information about you and your firm should be Current Accurate Not misleading

4. Protecting Confidentiality of Firm’s Clients RPC 1.6 (a) “A lawyer shall not reveal information relating to representation of a client unless the client consents” Be careful with testimonials and posting client-related information online

5. Tips for Separating Your Personal and Professional Online Presence Maintain separate professional and personal identities on social media Be aware your conduct on “personal” pages may subject you to ethical rules on advertising, providing legal advice and confidentiality Consider if you are promoting your services as a attorney (subject to rules pertaining to advertising) Could you be perceived as giving legal advice and creating an attorney-client relationship? Whatever you put on the web may not remain private and may be there forever

C. Five things you cannot, under any circumstances, do or say online 1. No false or misleading content 2. No unreasonable expectations 3. Do not breach confidentiality 4. Do not run afoul of ethics rules on social media 5. Do not mistake unethical expressions as protected speech