The Ethics of Being Online for Attorneys

Ethics of Being Online for Attorneys
Chris Homer
tres@gngf.com

@gngfound
•
CHRIS HOMER
Chris “Tres” Homer
SEO Team Lead

Our Book AMAZON’S #1 BEST-SELLING LAW PRACTICE MARKETING BOOK
Jabez LeBret Mark Homer
How to Turn Clicks INTO CLIENTS
THIRD EDITION
ONLINE
PRACTICE
STRATEGIES
LAW

LOOKING FOR ANSWERS 85% OF
CONSUMERS
FOR LOCAL BUSINESSES
R E A D
ONLINE
REVIEWS
U.S. INTERNET USERS SPEND
1 OUT OF EVERY 8 MINUTES
ONLINE USING FACEBOOK
G O O G L E
H A S 6 7 % O F A L L
S E A R C H T R A F F I C
97% OF CONSUMERS
RESEARCH THEIR PURCHASES AND
LOCAL SERVICES ONLINE BEFORE THEY
FULFILL THEM AT A LOCAL BUSINESS

ONLINE LOCAL PRESENCE
MONTHMONTHMONTHMONTHMONTHMONTH
MONTHMONTHMONTHMONTHMONTHMONTH
OF CONSUMERS USE
THE INTERNET TO FIND
A LOCAL BUSINESS AT
LEAST ONCE A MONTH
37%
OF CONSUMERS USED
THE INTERNET TO FIND
A LOCAL BUSINESS IN
THE LAST 12 MONTHS
95%

Online heavily used for “research”

2005
Online = Website
2015
Online = Presence

THE FUTURE IS MOBILE
*IDC Research Report 2013
have their phone on or near
them for all but up to 2
hours of their waking day.79%
reach for their smartphone
immediately after waking up62%
say they can't recall the last
time their smartphone
wasn't next to them.25%
Among smartphone owners age 18-44

@gngfound
KEYWORDS
Branded

Law
Firm
of
LeBret
&

Homer

Jabez
LeBret

Mark
Homer

Non-‐Branded

Estate
Planning

Attorney

Probate
Attorney

Real
Estate
Attorney

@mark_homer | @gngfound
Knowledge Graph

Firm Website
Firm Website
Images
LinkedIn
Yelp
Avvo
Page #1

Pigeon and Maps

Pigeon
Moz: Dr. Peter Myers / @dr_pete

Answer Cards

@gngfound
How do you inﬂuence Google Search to show
the RIGHT INFORMATION about your ﬁrm at
the RIGHT TIME?

Google+ Local
16,713 Views
No Branding
No Images

Google+ Local
Replace image with g+ pic with visits data

Ethics issues arise when you “Claim” the listing
• You are responsible for the content of the listing if you
claim
• Online Directories are acceptable form of advertising
(Rule 7.2-5(a))
@gngfound
ETHICS OF DIRECTORIES

• You are responsible for the content of the listing
• Business description
• Categories / Services (Rule 7.4)
• “A lawyer may communicate the fact that the lawyer does or
does not practice in particular fields of law or limits his or her
practice to or concentrates in particular fields of law.”
• A lawyer shall not state or imply that a lawyer is a specialist in a
particular field of law, unless both of the following apply:
@gngfound

@gngfound
• KENTUCKY Model Rule 7.15
(1) A lawyer shall not make a false, deceptive or misleading communication about the lawyer or
the lawyer's service. A communication is false, deceptive or misleading if it:
(a) Contains a material misrepresentation of fact or law, or omits a fact necessary to
make the statement considered as a whole not materially misleading; or
(b) Is likely to create an unjustified expectation about results the lawyer can achieve, or
states or implies that the lawyer can achieve results by means that violate the rules of
professional conduct or other law; or
(c) Compares the lawyer's services with other lawyers' services, unless the comparison
can be factually substantiated.

@gngfound
• Be cautious when others are creating your directory listings,
even if it is someone in house.
• Always double check the business description and practice
areas that are listed on directories.

WHY REVIEWS MATTER
67% OF
CONSUMERS
READ 6
REVIEWS OR
LESS TO MAKE
UP THEIR MIND
SAY POSITIVE REVIEWS
MAKE THEM TRUST
A BUSINESS MORE
OF CONSUMERS
TRUST ONLINE
REVIEWS AS
MUCH AS
P E R S O N A L
RECOMMENDATIONS
79% 73%

Image of search result with stars

Reviews - The Ethics
• Don’t
make
up
proFiles
to
write
reviews

• You
can’t
write
your
own
online
reviews

• Don’t
pay
for
reviews

• Rule
7.2b:
A
lawyer
shall
not
give
anything
of
value
to
a

person
for
recommending
the
lawyer’s
services

except…”

Reviews - The Ethics
EXAMPLE:
Joe
Smith
leaves
a
review:

“Jim
will
win
every
time.
He
won
$1
million
for
me
in
an

auto
accident
lawsuit,
Jim
is
the
best
Personal
Injury

attorney
ever!!”

A Culture of Reviews
• Ask
for
paper
internal
review
at
closing
meeting

• Good
review:
what’s
their
email
address?

• Ask
and
provide
a
how-‐to
guide

• Provide
guidance
on
what
NOT
to
say

• It’s
not
easy
in
Legal
Profession

@gngfound
WEBSITES THAT GET CLIENTS
P A S T
2002 2014
LEGAL
WEBSITES
COMMUNICATE
S O L V E
I N F O R M
S E R V E
MARKETING
P R E S E N T
COMMUNICATE
S O L V E
I N F O R M
S E R V ECOMMUNICATE
SOLVE
INFORM
SERVE

@gngfound
• Name / “Brand”
• Where are you located? How can I get a hold of you?
• Phone Number / Contact Form
• Do you understand my problem? What can you do for me?
• Proof I should call you?
• Easy to navigate and find things
• Schema Markup for Google (ask your webmaster)
WEBSITE COMPONENTS

@gngfound
• Rule 7.5a: A lawyer shall not use a firm name, letterhead or
other professional designation that violates Rule 7.1. A lawyer
in private practice shall not practice under a trade name, a
name that is misleading as to the identity of the lawyer or
lawyers practicing under the name, or a firm name containing
names other than those of one or more of the lawyers in the
firm, except that the name of a professional corporation or
association, legal clinic, limited liability company, or limited
liability partnership…
NAME - ETHICS

• How do I call you?
• What do you do?
• What can you do
for me?
• Proof I should call
you?

@gngfound
PROOF I SHOULD CALL YOU

@gngfound
CONTACT FORM
WARNING: Attorney Client Relationship

Responsive Design
• Fast Load Time
• Access to All Content
• Difﬁcult to Code Correctly
• THE RIGHT ANSWER

Keyword Stuffing
“Blocks
of
text
listing
cities
and
states

a
webpage
is
trying
to
rank
for”
Pasadena,
Sherman
Oaks,
Encino,
Culver
City,
Van
Nuys,

Santa
Clara,
Ventura,
Simi
Valley,
Thousands
Oaks

We
sell
custom
cigar
humidors.
Our
custom

cigar
humidors
are
handmade.
If
you’re

thinking
of
buying
a
custom
cigar
humidor,

please
contact
our
custom
cigar
humidor

specialists
at
Custom.Cigar@humidor.com
We
sell
custom
cigar
humidors.
Our
custom

cigar
humidors
are
handmade.
If
you’re

thinking
of
buying
a
custom
cigar
humidor,

please
contact
our
custom
cigar
humidor

specialists
at
Custom.Cigar@humidor.com
Keyword Stuffing
1.Repeating
the
same
words
or
phrases
so

often
that
it
sounds
unnatural,
for
example:

Content: Blogging?
• SEOValue?
• Fewer Posts, Deeper Content
• Still Important
• Add Personality
Ethics:
•Don’t use names
•Hunter vs.Virginia
•Ghostwriter?

Creating Content
“This does not mean that you cannot do your
divorce yourself. However, many people who
do not consult with attorneys may leave out
certain very important provisions that can
come back to haunt them later on, and cost
them a great deal.”
Nevada Divorce Attorney + 12 Other States

City PagesPractice Area Pages
Other Content
Lawyer Bio(s)

Your Website Ethics
•Any
communication
made
pursuant
to
this
rule
shall
include

the
name
of
at
least
one
lawyer
or
law
Firm
responsible
for
its

content

•Do
not
make
statements
that
lead
someone
to
expect
results

like
“I
can
save
your
business”
or
“I
will
get
you
money
for

your
[Blank].”
Avoid
even
saying
“I
can
[Blank]
for
you”

•Practice
areas
vs.
specialist

Your Website Ethics
•Disclaimers
-‐
email
vs.
website
“advertising
material”

•Make
statements
that
imply
results

•Trade
Names
and
Distinctive
Website

•Keep
a
record
=
backups!

Impact of Mobile
25%
9%
66%
Desktop Tablet Mobile

@gngfound
SOCIAL MEDIA
Not a “Fad”
Good For Ranking
Looking Beyond

@gngfound
FACEBOOK
Branding
Cover Image
Likes
Geo Info
Keywords

@gngfound
• Indexable by Google
• Increase your Followers
• Follow people, ReTweet, and share
• HootSuite / SocialOomph
• Be Careful “interacting”
TWITTER

@gngfound
YOUR PICTURE MATTERS

@gngfound
LINKEDIN
“Skills and Expertise” now “Skills & Endorsements”

@gngfound
SKILLS & ENDORSEMENTS

@gngfound
Recommendation:
Edit Profile and turn
off the display of
Endorsements
LINKEDIN

Social Media Nicolle Schippers ARAG
Ethics Game:
Case is ﬁnally over.
Unanimous verdict!
Celebrating tonight.

Social Media
Ethics Game:
Another great victory in
court today! My client is
delighted. Who wants
to be next?

Social Media
Ethics Game:
Won a million dollar
verdict. Tell your
friends and check
out my website.

Social Media
Ethics Game:
Won another personal
injury case. Call me for
a free consultation.

Social Media
Ethics Game:
Just published an article
on wage and hour
breaks. Let me know if
you would like a copy

Ethics
•What
counts
as
advice:
(rule
4.3)

•When
the
lawyer
knows
or
reasonably
should
know
that
the

unrepresented
person
misunderstands
the
lawyer’s
role
in
the

matter,
the
lawyer
shall
make
reasonable
efforts
to
correct
the

misunderstanding.
The
lawyer
shall
not
give
legal
advice
to
an

unrepresented
person,
other
than
the
advice
to
secure
counsel,

if
the
lawyer
knows
or
reasonably
should
know
that
the

interests
of
such
a
person
are
or
have
a
reasonable
possibility

of
being
in
conBlict
with
the
interests
of
the
client.

Ethics
•Is
this
Advertising:
(rule
7.3)

•A
lawyer
shall
not
by
in-‐person,
live
telephone,
or
real-‐
time
electronic
contact
solicit
professional
employment

from
a
prospective
client
when
a
signiBicant
motive
for
the

lawyer’s
doing
so
is
the
lawyer’s
pecuniary
gain…

Ethics
•Don’t
Imply
Results
or
Mislead

•Rule
7.1:
A
lawyer
shall
not
make
or
use
a
false,

misleading,
or
nonveriBiable
communication
about
the

lawyer
or
the
lawyer’s
services.
A
communication
is
false

or
misleading
if
it
contains
a
material
misrepresentation

of
fact
or
law
or
omits
a
fact
necessary
to
make
the

statement
considered
as
a
whole
not
materially

misleading.

Ethics
•Creating
a
client
relationship
(1.6-‐1.8
ConBlict
of
Interest)

•Discovery
issues
-‐
Oops
I
didn’t
want
to
know
that

•Rule
3.3
Candor
to
Tribunal

•Keep
records
of
ads
-‐
screenshots

•The
contents
of
advertisements
and
communications

permitted
under
Rule
7.2
can
be
permanently
recorded
so

that
they
cannot
be
disputed.

Ethics
•Mentioning
Judicial
OfLicers,
Neutrals
etc.

•Rule
8.4(d):
state
or
imply
an
ability
to
inBluence

improperly
a
government
agency
or
ofBicial
or
to
achieve

results
by
means
that
violate
the
Rules
of
Professional

Conduct
or
other
law

Alternative Local Marketing Strategies
“OLD SCHOOL”
Take traditional
marketing strategies
and maximize search
and social value
Win – Win - Win

Press Outreach
• Use targeted Facebook posts to journalists
• Everyone’s a publisher – Promote to ‘trusted audience’
• Don’t just shout about your own stuff
• Get to know local press – Twitter and LinkedIn

Press Outreach

Scholarships
• Direct outreach to
schools (.edu)
• Scholarship websites
• Social magnification
• Tie into geo-location
and industry
• Cast a wide net

Sponsorships

Pay to Play
• Promote quality content via social media paid posts –
save money by targeting!
• Get some rich markup back by using Adwords
• Adwords is often 2/3 of mobile top of fold
• Figure out what directories are crushing it in your
area and spend $$ for premium placement

The Ethics of Being Online for Attorneys

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The Ethics of Being Online for Attorneys