Blogging Backlash & Lessons In What (Not) To Post

Recently, the community blog PLOS Biologue removed a blog post by two journalists Charles Seife and Paul Thacker that criticized the lack of transparency by scientists.

The article can still be read in a cached form here, in which it states:

“In the wake of several embarrassing scientific debacles where financial conflicts played a prominent role — the death of Jesse Gelsinger,[i] the delayed decision to pull Vioxx and Bextra from the U.S. market,[ii] and the misconduct of Andrew Wakefield,[iii] to name a few — scientists, clinicians, publishers, regulators, and journalists began to beat a steady drumbeat to march research toward transparency.”

The post goes on to discuss various instances where e-mails from scientists have revealed the extent to which industry experts control the scientific literature to promote their own products and private gain.

At the end, the journalists conclude, “In short, those working to improve public welfare should oppose attempts to embolden government entities to withhold public information, thus threatening public health and the public trust in science.”

PLOS Biologue pulled the post after severe backlash by its readers, arguing the post was “not consistent with at least the spirit and intent of our community guidelines.”

Keith Kloor, author of the Nature news article mentioned in the retracted post, told Ivan Oransky of Retraction Watch that he disagreed with the decision to remove the article, stating:

“As much I think the PLOS post is deeply flawed and erroneous, it bothers me that it was retracted. 1) The official explanation is really vague. Not very transparent! 2) I have to wonder if there was intense pressure brought to bear from scientists…I find myself in the odd position of defending the flawed PLOS post from these presumed pressures, in part because I’ve been the subject of similar pressure campaigns. (Of course, I’m only assuming pressure was brought to bear. I have no idea if this was actually the case.)”

This instance provides law firms two important lessons about blogging. First, blogging is not easy. Readers—even online—create a discerning audience who feel free to openly and harshly criticize authors.

Second, blogging—while crucial to the survival of a company’s marketing strategy today—is as dangerous as it is beneficial. It is reported that the number of blogs published by Am Law 200 law firms has grown twelvefold in the last seven years, according to Above The Law (ATL), quoting the Am Law 200 Blog Benchmark Report 2015 from LexBlog.

In the same time frame, the number of firms publishing blogs has more than quadrupled to a total of 163 firms. And eighteen of the top 25 firms are blogging, according to the same source (via ATL).

With all these firms blogging, it’s important to remember that content matters. Just as easily as your firm can attract a wider audience or client base through its posts, it can alienate them.

Which firms may have the most at stake? It’s hard to say, but Fox Rothschild has the most blogs, with 39, and Sheppard Mullin places second with 29 blogs. Womble Carlyle follows closely with 22 blogs, and finally DLA Piper just misses the podium in fourth place, with 21 blogs, according to ATL.

What are these law firms talking about?

• Employment and labor blogs (132 publications)
• Corporate and commercial law (104)
• Financial (100)
• Intellectual property (73)
• International (64)
• Healthcare (55)
• Administrative (52)
• Technology (50)
• Energy (47)
• Real estate and construction (43)

Finally, you may have guessed, but mobile visits (visits conducted via smartphone or tablet) now account for 25 percent of global Internet traffic —and increase from 14 percent one year ago (via ATL).

So, decide with your marketing team and certainly name partners what message your law firm is hoping to send with its posts. Also come up with a plan for retractions (if any) or legal responsibility for the opinions in the posts. Like all things at the intersection of technology, law, and business, create a policy or manual for your blogging strategy.

In the end, blogging does more good than bad. After all, without blogging or reading others’ blogs, your firm may never know about interesting, informative upcoming events, like the following audio conferences:

• Counsel’s Guide to Trade Secret Protection: Preventing and Avoiding Costly Errors and Penalties
• Wednesday, September 16, 2015
• Reclassifying Exempt Employees: Ensuring Wage and Hour Compliance
• Wednesday, September 23, 2015 
• Excel Pivot Tables: Shortcuts, Tricks, and Time-Saving Tips to Crunch Data More Efficiently
• Tuesday, September 29, 2015 
• Writing Effective Emails: Mastering The Number One Tool for Business Communication
• Friday, October 2, 2015
• Compensating Millennial Associates: Customizing Compensation and Rewards for Increased Productivity and Firm Profitability
• Thursday, October 8, 2015
• Partner Compensation: Keys to Compensating Succession and Client Transfers
• Thursday, November 5, 2015 

To attend, click here.

C4CM audio conferences are live, interactive sessions presented over the telephone. You can attend from any location with phone access. You pay just one low registration fee for as many participants as you wish at one call-in location. Listen in from the convenience of your home, your office or in your conference room with your entire team and immediately put what you’ve learned to work in your department.

-WB

Need to reach a wider audience with your posts? Find out how, here.

Is The Future Bright For Non-Blogging Law Firms?

Your firm may think that it’s above e-gossip or online blogging. But, that’s also what renown law firm K&L Gates thought before its dispute with online reporter, Law360.

Above The Law writer, David Lat, describes the incident with an excerpt from the Law360 piece in his article, “Barbarians at the K&L Gates.”

“Flat profits and spreading concern about the firm’s ability to keep talent are among the reasons more than 80 partners have K&L Gates LLP since the beginning of the year, an exodus that includes many up-and-coming leaders who had been seen as key to the firm’s future, according to some partners who recently left and other experts,” quotes Lat on July 23, 2015.

“Those leaving the 2,000-lawyer firm include rising partners in prized corporate and financial practices and a number of high-profile veterans, including intellectual property litigation heavyweight Michael Bettinger [who moved to Sidley in San Francisco]. Litigators Greg Jackson and Danny Ashby joined veteran Steve Korotash, a former U.S. Securities and Exchange Commission associate director, in a jump to Morgan Lewis & Bockius LLP’s white-collar group in Dallas in March.”

Although K&L Gates Chair Peter Kalis was quickly ready to refute this depiction of his business—a depiction that also made its way into a Blomberg article—Kalis lacked an online presence. He and his firm were at a disadvantage in spreading their side of the story.

Notorious legal blogger Kevin O’Keefe followed up with his own Above The Law post titled, “Non-Blogging Law Firm Managing Partners And CEOs Playing With Fire?” in which he writes, “[a] memo leaked to Above The Law and Kalis spoke to Bloomberg on July 29th for a July 30th piece reporting that the partner departures were a natural result of the firm’s strategy.”

“I can’t help but see the irony in Kalis calling for everyone at K&L to take a stand in the media when neither he nor they have an effective media presence. Where’s their voice?”

And that’s the problem with being a Luddite in law. The most efficient and effective way to defend your firm’s image and, by proxy, your clients is the world wide web. After all, it’s in the name, the audience is world-wide.

Perhaps you already host a law firm blog but your posts don’t seem to go anywhere. Delivery mechanisms are equally important to social media.

Here are a few tips on how to get your content shared. But, beware, with every benefit to technology comes certain pitfalls of which your firm should be weary.

1. Publish your posts on media aggregators.

Websites like Reddit, Shoutwire, and Digg allow individuals to submit links to websites, blog posts, or any Internet-based page. The community of readers then votes up (or down) the link based on a review of its content. Create flashy titles and you’ll likely see in a flash the rise of your readership.

Beware: Comments by readers can be harsh. The anonymity of the Internet allows people to write down criticisms (NSFW) that may end up permanently cached on the World Wide Web.

2. Add website sharing buttons.

Your firm’s website should have links to all of your social media accounts, as well as ways to share your posts. Programs like “Click to Tweet” make this easy.

Beware: Your firm may need a small amount of Internet savvy to create buttons on your website and restore broken links.

3. Create interesting content.

This is so obvious your firm is likely already doing it! Nevertheless, remember to write thoughtful arguments accompanied with eye-catching photos. There’s so much competition already when it comes to online content, your firm’s additions must stand out.

Beware: Yes, this requires a little more time and thought to write captivating posts and tweets.

4. Do your research.

If you know what time your readers are log on then you’ll know the best time to publish your posts. Maybe you’re getting a lot of hits first thing in the morning. People are remiss to start work at 8am and decide to read legal news or browse the web. With this knowledge, you can now set your social media to publish at certain times to target your audience.

Beware: Due diligence on your casework is no longer enough. Time to do due diligence on your business development, too.

5. Crossover multiple social media platforms.

Happy you finally mastered the art of blogging for your firm? Time to summarize that blog post on your LinkedIn and Facebook page and compile a 140-character hook for your Twitter account. Don’t be afraid to repeat the same ideas on different mediums.

Beware: Now you’ll have to memorize more usernames and passwords. More social media means more potential backlash.

In the end, it’s possible to circulate your firm’s strategy about hiring, firing, and work ethic before a biased, and certainly less-informed secondary source scoops you.

Start small by using the above tips to get your firm’s content shared on social media.

Last tip: proofread, never post when emotional or angry, and generally be sure it’s content that your firm truly wants shared.

-WB

The question for organizations is how do you use these tools to open up communications with your workers, candidates and customers, while protecting your reputation as an organization?

Attend C4CM’s course, “Facebook, LinkedIn and Twitter: Developing a Successful Social Media Employer Branding Strategy.“

If you’re looking for tips on communication practices in the workplace, read C4CM’s guide “Communication Skills for Managers: Tips, Techniques, and Best Practice Strategies to Communicate More Effectively.“

Applying successful communication techniques gives you two important advantages: (1) You’ll create a harder-working and more productive employee workforce, and (2) you’ll be less likely to fall into the clutches of employee lawsuits.

The 57th Grammy Awards & Benefits Of Blogging For Law Firm Professionals

These days people crave real-time reports.

This week, Beyonce, Sam Smith, and Pharrell Williams top the 57th Grammy Awards with six nominations each. But, the awards telecast has surprisingly little airtime. There are far more categories and performances in the Grammys than regular audiences will see. This is why some sites, such as Monkey See, Vox, and Entertainment Weekly, look to live-blogging during the ceremony.

Although it seems unlikely that law firm professionals will start live-blogging courtroom events (although, anything is possible), there are myriad reasons for lawyers to blog. It may not be as riveting a performance as Taylor Swift, but there are certainly other reasons besides entertainment from which you will benefit. Here are a few:

1. Productive Diversion. Angry birds and Pinterest can certainly fill up your free time. So will tracking this year’s film and music awards shows. However, a personal blog allows attorneys to make more productive use of their lunch hour.

Stuart Brown wrote in his book Play: How It Shapes the Brain, Opens the Imagination, and Invigorates the Soul writes, “I have gathered and analyzed thousands of case studies that I call play histories. I have found that remembering what play is all about and making it part of our daily lives are probably the most important factors in being a fulfilled human being.”

When moving physical locations is impossible (law firms frown upon playground breaks for attorneys), briefly browsing the Internet for fun, diverting subjects, videos, or photos can substitute as “play.”

“The ability to play is critical not only to being happy, but also to sustaining social relationships and being a creative innovative person.”

Writing about your favorite sports team, commenting on news items, or reposting interesting videos are each great ways to maintain a positive personal attitude in an often stressful environment.

2. Hone Your Writing Skills. Lawyers write briefs and motions all day, but practice (so they say) makes perfect. In addition to honing your writing skills for legal briefs, a personal blog can also help lawyers to hone their skills in writing communications for clients.

Blogs, by nature, are more informal and cater to a different audience. Practice colloquializing legalese. Clients will be grateful to (finally!) fully understand the status of their case with your newfound informal communication.

3. Brush Up On News. Although many lawyers already watch the evening news or read the morning paper, a lawyer’s professional work benefits from being up-to-date on current events. Brushing up on recent news is fodder for elevator conversation with colleagues, and, now, it can be fodder for editorial content on your personal blog.

4. Discover A Different Area Of Law. Depending on your practice, the day-to-day legal work you are conducting may or may not be your primary interest. So, when you’re tired filing patent applications, use a personal blog as an outlet to read and research an area of law that attracts you most.

As a younger attorney, sometimes BigLaw dominates your time with pages and pages of doc review. A personal blog allows you to return to those challenging student days of mock trial and competition. Not every day at work will be intellectually stimulation. But, everyday of blogging can be.

5. Networking. Ever since the “good old days,” lawyers have had to rely on networking to boost their practice by reputation and name recognition.

Kevin O’Keefe, an avid law blogger, wrote about such old-school practices on his website Real Lawyers Have Blogs, “You went out and mingled. You left the marketing clothing behind. You entered into a conversation with the people you wanted to leave an impression with. You spoke at conferences. You networked at conferences and community charitable events to build trust, build relationships and to build word of mouth.”

A blog can continue this sort of personal interaction with the community. But, according to O’Keefe, many lawyers don’t understand that a law firm blog—more than a website or ad in the yellow pages—isn’t for marketing, it’s for relationship-building.

“Now we have lawyers and law firms who never understood that blogging was networking through the net, apparently giving up on the philosophy of that relationships and reputation build business.”

So, in addition to joining LinkedIn, online professional groups, and social media networks, give personal blogging a try in order to increase your online visibility. But, remember that a blog—much like attendance at a town council or a casual conversation with a neighbor—is meant to endear trust by your clients, not ensnare them in another poorly-disguised legal advertisement.

Need more tried-and-true, old-fashioned advice for lawyers operating in these techy times? Catch one of C4CM’s audio courses, live-streaming, here: http://www.c4cm.com/lawfirm/audioconferences.htm

There may not be as much music in them as the Grammys, but they will certainly be on-key when it comes to law firm management consulting.

-WB

Five Reasons Lawyers Should Write For A Personal Blog

As a lawyer, it may be less obvious what you have in common with Perez Hilton (other than both being fans of Glee).

However, like Perez Hilton, attorneys should learn to appreciate the value of a personal blog site.

Although lawyers should probably avoid celebrity gossip, attorneys would benefit from contributing personal content to an individual blog site. And, here’s why.

1. Productive Diversion. Angry birds and Pinterest can certainly fill up your free time. However, a personal blog allows attorneys to make more productive use of their lunch hour.

Stuart Brown wrote in his book Play: How It Shapes the Brain, Opens the Imagination, and Invigorates the Soul writes, “I have gathered and analyzed thousands of case studies that I call play histories. I have found that remembering what play is all about and making it part of our daily lives are probably the most important factors in being a fulfilled human being.”

When moving physical locations is impossible (law firms frown upon playground breaks for attorneys), briefly browsing the Internet for fun, diverting subjects, videos, or photos can substitute as “play.”

“The ability to play is critical not only to being happy, but also to sustaining social relationships and being a creative innovative person.”

Writing about your favorite sports team, commenting on news items, or reposting interesting videos are each great ways to maintain a positive personal attitude in an often stressful environment.

2. Hone Your Writing Skills. Lawyers write briefs and motions all day, but practice (so they say) makes perfect.

In addition to honing your writing skills for legal briefs, a personal blog can also help lawyers to hone their skills in writing communications for clients. Blogs, by nature, are more informal and cater to a different audience.

Practice colloquializing legalese. Clients will be grateful to (finally!) fully understand the status of their case with your newfound informal communication.

3. Brush Up On News. Although many lawyers already watch the evening news or read the morning paper, a lawyer’s professional work benefits from being up-to-date on current events.

Brushing up on recent news is fodder for elevator conversation with colleagues, and, now, it can be fodder for editorial content on your personal blog.

4. Discover A Different Area Of Law. Depending on your practice, the day-to-day legal work you are conducting may or may not be your primary interest. So, when you’re tired filing patent applications, use a personal blog as an outlet to read and research an area of law that attracts you most.

As a younger attorney, sometimes biglaw dominates your time with pages and pages of doc review. A personal blog allows you to return to those challenging student days of mock trial and competition.

Not every day at work will be intellectually stimulation. But, everyday of blogging can be.

5. Networking. Having an online presence—in any form—always makes for good networking.

So, in addition to joining LinkedIn, online professional groups, and social media networks, give personal blogging a try in order to increase your online visibility.

-WB

O’Keefe Responds To Lexis PR Rep: Why Real Lawyers Have Blogs… And A Social Media Policy

According to a survey of social media in the legal sector by LexisNexis and Vizibility, 81 percent of lawyers claim that they already use social media as marketing tools. Another 10.1 percent saying they plan to deploy social media marketing elements within six months.

Only 12 percent of lawyers do not use a Blackberry, iPhone, Android, or other smartphone in their business. For everybody else, there are these top 10 apps for Android phone and iPhone users.

And, as of today, U.K. lawyers can now find LexisNexis apps for their iPhone and iPad.

Nick West, director of Legal Markets for LexisNexis, stated in a press release today:

“The On the Case and Legal Terms apps fuse the accuracy, content and easy-to-use search you would expect from LexisNexis, with access from iPhone and iPad. Legal practice is evolving rapidly, and lawyers are increasingly expected to advise clients whilst on the move. By listening closely to our customers’ needs, we are creating ever-more flexible products–giving our users the ability to access our market-leading information away from their office as easily as they can at their desk.”

Both apps are free to subscribers of Lexis®Library and can be accessed with current customer ID and passwords.

It’s important for law firms to make use of social media in their marketing practice. Blogging is becoming mainstream, just ask Kevin O’Keefe and his aptly named site “Read Lawyers Have Blogs.”

Kevin O’Keefe wrote an article about Lexis’ announcement, and also attached a PowerPoint from Dr. Corrine Weisberger of St. Edward’s University to his article, which discusses using Twitter as a public relations’ tool. You can find the PPT here.

Although law firms and legal services professionals are finally employing social media and blogging to advance their businesses, these firms are still lacking in a consistent social media policy.

Take, for example, Kevin O’Keefe’s complaint about the Lexis press release today. In an attempt to “spread the word” about Lexis’ apps, Kevin O’Keefe attempted to locate the Twitter handle of the press release’s author, Melissa Higgs.

“I couldn’t find Higgs Twitter handle. Nothing on a general Google search except for a Melissa Higgs, also in the UK, who says her tweets are personal. No one by the name of Melissa Higgs on Twitter who says they are working for LexisNexis. Not seeing any tweets referencing LexisNexis from folks by the name of ‘Melissa Higgs’ on Twitter, I didn’t want to give an incorrect attribution by guessing. I went to Higgs LinkedIn profile, where most folks include their Twitter handles. Nothing,” writes O’Keefe.

“Time to get with it folks. Time to make it easier on people like me who are trying to help you do your job.”

 O’Keefe is not wrong.

Unsurprisingly, in the same survey of social media in the legal sector by LexisNexis and Vizibility, when asked, “Does your firm have a social media policy or guidelines for social media,” only 61.2 percent of legal professionals responded yes.

LexisNexis will surely benefit from its iPhone and iPad apps, but it’s currently losing out from not advertising these apps via Twitter, among other Internet conduits. LexisNexis needs a policy that streamlines the company’s use of social media for marketing.

So where should they start?

Perhaps these three, simple steps:

1. Formulate a strategy. Many firms are stymied when it comes to creating a social media strategy. These days, companies (like this one) are available to walk you through the process. For “do it yourself” firms, come up with a game plan and series of goals for your social media use—is it for client education, employee recruitment, or PR? Then, circulate this strategy to your firm’s appropriate department.

2. Implement guidelines. Social media policies should explain to associates expectations for their participation on sites, such as LinkedIn, Facebook, or Twitter. It should also create guidelines for the firm’s social media use: How often will the firm post, who is responsible for posting, and how will all your social media systems correspond with one another (see O’Keefe’s point about trying to locate a Twitter handle via LinkedIn).

3. Encourage associates to use social media. As the aforementioned survey details, social media has infiltrated the legal profession. Used as a marketing strategy, firms benefit from having their name saturating the digital world. Encourage your associates to belong to these networking sites. Or, to blog about their experience with the firm. Had Lexis done encouraged social media use among its employees, Melissa Higgs would likely be on Twitter. The Internet is undoubtedly the first place that prospective clients and new employees will look to be introduced to your firm.

To conclude, ensure the name of your firm—and its services—is always linked with descriptions like “innovative” and “cutting-edge” by making better use of technology and social media, and implementing a policy to protect your corresponding online reputation.

For more information about formulating a social media policy, attend one of the Center For Competitive Management’s courses on social media, including “Developing a Social Media Policy: Clear Guidelines to Prevent or Reduce Employment-Related Problems.”

 

-WB

Beware Of Blogging: Virginia State Bar’s Message To Attorneys Via Surprising Misconduct Charge

Considering a blog site for your law firm? Perhaps you should check with your State Bar first.

In one of the first cases of its kind, the Virginia State Bar has brought a misconduct charge against a criminal defense attorney in the state for blogging about cases on which he has worked.

The State Bar alleges that Richmond criminal defense attorney Horace Hunter is using his firm’s blog site for advertising, read the full charge here. Hunter counter-argues that his articles consist of news and commentary, read his blog here.

Does Virginia’s charge violate Hunter’s rights to free speech? Or, are lawyers using firm blogs to get around the ethical and legal requirements of advertising?

In light of the economic recession, lawyers are looking to improve their practice and attract new clients through a variety of social media. Articles advising firms to open Twitter accounts, Facebook pages, and blog sites are abound.

And, for good reason.

In 2011, four out of five American businesses with 100 or more employees use social media marketing, according to research conducted by eMarketer. That’s a significant increase from 2008 when a mere 42 percent of companies marketed via social media, reports the same source.

So, businesses are using social media, like Twitter, Facebook, LinkedIn, and Blogger, both to seek customers and to also find appropriate legal representation. Law firms, for their turn, are competing with one another to sign as many corporate clients as possible.  

Standing out in a technology-driven crowd can be difficult for law firms. Impossible for those behind the digital times.

But, at least one State Bar is sending a message to its attorneys that ethical and legal rules about advertising your firm still apply in the blogosphere, reports The Washington Post.

Except discussing cases—even your own—has been a longstanding tradition for lawyers nationwide. Usually it’s done in speeches, post-courtroom press talks, or newspaper interviews.

Are blog posts any different?

“If the Virginia Bar believes that blogs that discuss news and commentary should have stringent disclaimers that precede the content because they are deemed to be advertisements, then the Virginia Bar may have to require that every blog post, blog comments on other blogs and other user-generated content by an attorney to contain a strict disclaimer,” Brad Shear, a Bethesda attorney specializing in social media law, said to The Washington Post.

“It becomes a slippery slope.”

 

Whatever your opinion on this matter, it’s important to understand the risks of creating a blog for your firm.

If you decided to do so, protect your firm via the following four steps:

1. Create a disclaimer on the “About” page or at the end of each post; 
2. Get written consent from your clients to discuss their cases on the blog;
3. Implement an internal Social Media Policy for your firm; and 
4. Remember Nicole Black, attorney and author of Social Media for Lawyers: The Next Frontier, a good rule of thumb is “if you can’t do it off-line, you can’t do it online.”

-WB

 

For more information, attend C4CM’s course, “Social Media Policy Dos and Don’ts: Employees, Networking Sites and the Law.”

Three Ways To Increase Readership Of Your Legal Blog

The importance of social media has been hammered into the heads of lawyers.

So, now you have a blog, but what exactly do you do with it?

Real Lawyers Have Blogs is pointing professionals in the direction of this article, “Build A Blog, Build A Practice.”

The article states, “Twitter and Facebook may be a useful part of the mix in social media marketing, but neither is a substitute for blogging. Blogs can still showcase a firm’s expertise in a more substantial way, serve as a repository on information, and can increase the Search Engine Optimization (SEO) of the firm’s website. It is also a great way to exchange ideas on a particular issue , and for individual lawyers to create a public persona as experts in a particular field of law.”

In terms of blogging platforms, the article singles out six of the best websites, including:

1. Blogger.com
2. WordPress.com
3. Lexblog.com
4. Squarespace.com
5. Typepad
6. Posterous.com

“Blogging is still good way to get noticed and carve out a niche for yourself,” Simon Fodden, publisher of the leading Canadian law blog, Slaw, tells the article’s author, James Careless.

At the same time, just starting a blog is not enough. Your firm won’t get noticed if your blog lacks in readership. So, how do you attract the best and brightest of the legal field to your webspace?

First, post frequently. The easiest way to attract readers is to have ample content for them to read. This means devoting time each day, or at least, each week, to updating your blog. To start, use daily news articles to inspire content. Next, add some analysis. FInally, when you’ve gotten into a routine, start formulating original pieces that will inspire your audience and also demonstrate your skills and expertise as a lawyer.

Note: Don’t try to over-sell your legal services. If people trust your opinion on the blog, they’ll likely learn to trust your opinion as their counsel.

Second, keep the information current. In addition to frequent posting, a good legal blog writes about topical information. Yesterday’s news is exactly that. Stay in the loop by setting up Google Alerts and subscribing to other newsites and blogs. This way you’ll keep up-to-date with all the details and happenings in the industry.

For fun: Set up a Google Alert with a niche term or phrase, like “patent accident.” This will lead you to surprising sources and hopefully unique content.

Thrid, add a bit of controversy. If you’re feeling exceptionally brave, a great way to attract readership is through a bit of controversy. Add a forum for discussion on the most controversial cases, for example. Or, make a “tips” email address or hotline where readers can report events anonymously.

But, remember: Whatever you post on your blog will represent your firm. So, include a strong disclaimer or seek firm approval before writing anything that’s, well, NSFW.

You’ll be surprised how fast blogging becomes a part of your everyday practice. And, equally surprised at how much attention (and business) you’ll gain from it.

(I’ve done my part, now for your turn.)

-WB

Social Media Recruitment On The Rise, But Should Your Firm Follow Suit?

In May, the Federal Trade Commission (FTC) closed its investigation into whether or not an “Internet and social media background screening service used by employers in pre-employment background screening” complied with the Fair Credit Reporting Act (FCRA).

The reporting agency in question, Social Intelligence, was deemed “a consumer reporting agency because it assembles or evaluates consumer report information that is furnished to third parties that use such information as a factor in establishing a consumer’s eligibility for employment.”

Taken out of legalese, this statement confirms that employers intent on issuing social media checks on employment candidates must comply with FCRA rules.

This means, when FCRA rules apply, employers will need to complete the following actions:

1. Review the notice and authorization currently provided to applicants to ensure that these documents cover social media searches.
2. If an applicant is selected for elimination from consideration based on the results of such a social media check—in whole or in part—be sure to receive a pre-adverse action notice that will supply the applicant with the same report received by the employer, or the FTC’s “A Summary Of Your Rights Under the FCRA.” Candidates have the right to dispute any alleged adverse information with the service provider that conducted the social check.
3. Finally, after rejecting said applicant, release a final adverse action notice to the applicant, which should be written according to the language required by the FCRA.

However, the subtext of this news for employers is equally important as the rule-following.

According to a recent 2011 study conducted by the Society of Human Resources Management (SHRM), as reported by the Workplace Privacy Counsel, 56 percent of employers rely on social media for recruitment purposes. The number of employers relying on social media checks to hire new associates has increased by 22 percent since 2008.

According to the same study, an additional 20 percent of employers who do not currently use social media for recruiting intend to do so at some point in the future.

The sites most used by employers for recruitment purposes are LinkedIn, Facebook, and Twitter (certainly makes you rethink that last tweet).

In any case, the SHRM survey doesn’t cover employers who conduct social media searches exclusively in-house, which are not subject to FCRA rules. The market for social media recruitment (and not simply the professional services who conduct them) is on the rise.

But how valuable is this information, really, for vetting possible candidates?

Philip Gordon, of Workplace Privacy Counsel, explains that the two major issues with social media recruitment are compliance and reliability. With compliance issues already briefly outlined, it’s time to question information objectivity and usefulness.

“Court systems, educational institutions, and employers, for example, have an inherent interest in maintaining accurate records for their own legitimate business purposes. By contrast, social media are replete with false, doctored, and biased information about others,” writes Gordon.

“Perhaps more importantly, social media posts apparently created by the author can be forged. I have recently counseled clients on two separate occasions where employees denied having posted on their Facebook wall negative information about the employer or co-workers, credibly claiming that others had stolen their log-in credentials or hacked into their account.”

So what’s left to believe these days?

If your firm decides it still wants to use social media for a recruitment tool, ask yourself what answers you’re hoping to unearth via the Internet. If they’re of a truly personal nature, is this information legal to obtain or consider during an application?

If your goal is professional, are there other, traditional ways to procure more reliable credentials—references, letters of referral, university transcripts, for example—that are less invasive?

Technology is a vital asset to a law firm. But, if the information you seek about potential candidates is more tangential in nature—simply a way of finding a few candidates to that stand out—one-on-one interactions and interviews are often underestimated tools in today’s world of digital profiles.

Just something to consider in between updating your blog.

-WB

There are a lot of benefits to online recruitment. Attend C4CM‘s course, “Facebook Recruiting Made Easy: How to Find Talent Today with Social Media” to learn more.

Tips For Voir Dire: Check Faces and Facebook

As a litigator, your biggest concern is getting the jury to understand and sympathize with the person you’re defending. But what if one juror was so empathetic, she used social media messaging to contact your client?

The aforementioned scenario is exactly what landed one English juror in a lot of trouble during a high-profile narcotics case in the U.K. In fact, continual electronic messaging to the defendant earned her eight months in prison (and most likely an automatic out of the national jury pool) for being in contempt of court.

Among today’s tips for voir dire, lawyers should not only monitor jury members’ faces, but also, apparently, their facebook accounts.

In this instance, forty-year old juror Joanne Fraill contacted defendant Jamie Sewart after Stewart was acquitted of all charges but before other accused defendants had been sentenced. The case was a second retrial, which collapsed soon after Fraill’s misstep had been brought to light.

Here in America, jurors are none the wiser. Just today, a juror in a Queens rape case was fined $1,000 after it was discovered he texted a friend details of the deliberations. The case resulted in a mistrial.  

In Minority Trial Lawyer, commercial litigator Denise Zamore discusses this type of juror behavior and the increased number of fines, juror exclusions, and mistrials as a result of social media and technology, saying:    

“Within the past few years, trials throughout the country have been affected by juror use of technology to research and communicate via the Internet, often affecting the rights of litigants to have their cases decided only on admitted evidence, and thus allowing the deliberative process to go beyond its authorized limits. In addition to conducting Internet research, jurors now blog, tweet, and post to Facebook and MySpace about their trials.”

In fact, last year, lawyers, judges, and legal government bodies were so unanimously concerned with this trend that on January 28, 2010, the Judicial Conference Committee on Court Administration and Case Management issued model jury instructions to each United States District Court Judge. The instructions outline the legal responsibilities of jurors, specifically rules on the use of social media.

Wired published a copy of the model jury instructions here.

As much as judges and attorneys will attempt to dissuade and prevent it, sharing information via the Internet is far too tempting a (cyber)space. It’s likely, despite commands to the contrary, jurors will still tweet, status update, or message inappropriate particulars about a trial.

So, in this light, there are a few steps that Zamore offers than can help prevent facilitate blind justice.   

1. During voir dire, counsel should inquire as to jurors’ usage of the Internet generally, and social media specifically. Inquire as to what websites jurors frequent, how often they access those websites, and if they post to those websites. Ask whether the jurors blog.
2. Counsel should request that in his initial instructions to the jury, the judge expressly prohibit research and communications on the Internet at any time during the trial. The instructions should explicitly reference and prohibit the use of social media, including Facebook, Twitter, and MySpace.
3. Counsel can also request that the judge remind jurors of the penalties for conducting outside research and require jurors to sign declarations stating that they will not research the case details on the Internet.
4. During a trial, counsel should regularly check social media websites to confirm whether jurors are posting or blogging regarding the trial.
5. Counsel should take the preemptive step of conducting their own Internet research to learn what information exists online about the trial, including any information regarding the litigants, witnesses, and lawyers. Counsel should review their case and consider what questions might arise during the trial that could prompt a juror to look elsewhere for answers.
6. Counsel should take these questions into consideration when putting together its case presentation. 
7. Where juror misconduct seems apparent, counsel should strongly consider a post verdict motion for voir dire of a juror to determine whether juror misconduct has in fact occurred.

The risks of free-flowing conversation via social media and the Internet are not limited to trial law. Law firm administrators should be aware of what their own associates are posting in terms of client or case information, the practice, or its partners.

Consider drafting a social media policy for employees—much like the Judicial Conference Committee’s jury instructions—that specifies acceptable behavior regarding Facebook, Twitter, and blogs. Include penalties (somewhere between eight months in prison and $1,000) that will deter this type of negligent behavior.

-WB

For more information, attend C4CM’s course titled, “Social Media Policy Dos and Don’ts: Employees, Networking Sites and the Law.”