Online Marketing &

Cloud Computing(Including Ethical Considerations)

PAELA- February, 2015Jennifer Ellis

Jennifer@JLEllis.NetLowenthal & Abrams

&Jennifer Ellis, JD

Competence with Technology Rule 1.1

• Underlying all use of technology is Rule 1.1• New comment added as a result of work by American Bar Association• Adopted by Pennsylvania

Lawyers must,“keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal requirements to which the lawyer is subject.”

What Does Competence with Technology Mean?• Must be aware of what kind of technology is required in your practice

• Must be aware of risks and benefits• Must manage the risks

• Any technology you choose to use• Must be aware of risks and benefits• Must manage the risks

• How?• Educate yourself• Hire competent assistance

• In house or out of house

Manage Staff Properly• Failing to manage staff properly in use of technology is an ethical

violation• See Rule 5.3 Responsibilities Regarding Nonlawyer Assistance• This includes outside staff as well as inside staff

• Instruct your staff on ethical rules• Make sure staff is educated on technology use

What Technology Must You Use?

• Computers• Email• Electronic research• Malware protection• Specialized technology as appropriate for your practice area

What Technology Might You Use

• Wireless connectivity• Smartphones, Tablets & Laptops• Removable storage & other easily portable devices• Web & Social Media (might be required for some practice areas)• Cloud computing• Storage• Email• Case management

Your Website

Must have a Website

• Recommend WordPress as an easy way to get started• Pick a domain name• Find a host

• BlueHost• HostGator• GoDaddy• Web Synthesis

• Identify a theme

• See WordPress in One Hour for Lawyers (by me)• Step by step instructions• Amazon or ABA Website

Link Everything Together

• Create as broad a presence as possible on line• Home base should always be your website

• Blog posts key for good SEO (search engine optimization)• Follow marketing rules and laws

Ads

Pay Per Click

• Most ads are based on bidding and you only pay if people click• Price is set based on competition for demographics• Ranges substantially based on geographic area and competition• Anywhere from a few cents to over $100 per click.

• I find Google and Facebook most valuable • LinkedIn, Twitter and other sites also an option• Specialized sites with banners can be useful• Watch ethical rules• Consider best practices• Focus ads as much as possible

Facebook – Boosted Posts

Facebook Ads

Google AdWords (Ads.Google.Com)

• Identify appropriate keywords and phrases• Keyword cost varies by competition for demographics• Match keywords to your website content• The content of the ads, keywords and your site impact your quality score• The higher the quality score • Less expensive per click• More your ad will be seen• More it will be clicked

Use Extensions (Phone, Site, Location, Action)

Track Results

• Analyze your ads at least once per month• See what is working and what is not• Make adjustments accordingly• One word can make a difference

• Watch the ethics• Don’t promise results• Make sure your website has proper disclaimers

• They won’t fit in the ads• Be honest

Social Media for Marketing

Marketing

• Is social media marketing?• “The action or business of promoting and selling products or services, including

market research and advertising.”

• Intent?• Directly seeking clients?

• Marketing• Providing broad educational information?

• Not marketing• My advice?

• Assume everything is marketing• Follow advertising rules (7.1 et seq)• Follow rules for all states in which licensed or seeking clients (8.5)

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Ethics: Honesty is Crucial

Rule 7.1 Communications Concerning a Lawyer's Services

“A lawyer shall not make a false or misleading 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.”

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Twitter

• 140 character micro blogging• A great way to let people get to know you as a person• Share quick bits of information• Re-share what other people post• Link your Facebook, LinkedIn accounts and Blog to Twitter as a way to get

more value for your effort• Crucial to engage

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Best Practices for Twitter

• Share and share alike• Share other people’s content, they will share yours

• Give credit where credit is due• Thank people for their interactions• Complete your thoughts• Watch for portions of your posts being cut off when you use tools to post

• Use hashtags that make sense• Humor is fine• Remember people have different senses of humor

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Ethics: Twitter

• Twitter is potentially unusable in several states• In Florida, each tweet must have:

• Attorney name• Office location

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Facebook & LinkedIn

• Use your Facebook and LinkedIn accounts as a way to network with• Potential clients• Other attorneys

• Facebook = Consumer• LinkedIn = Business

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Facebook & LinkedIn Continued

• Create a page for your firm • Becomes a mini-website on Facebook• Useful tool on LinkedIn

• Ask employees to connect the pages• Encourage followers • Provide useful information• Share blog posts• Communicate and engage• Include disclaimers

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Ethics: Disclaimers

• Follow all ethical rules • Put a disclaimer on

your account• Follow terms of

service

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Best Practices for LinkedIn

• Keep it professional• Avoid sharing personal information beyond work

• Otherwise risk annoying people

• Do not spam in boxes with ads for yourself• Be careful about disturbing people you do not

know• Be very polite• Watch the first impression

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Best Practices for LinkedIn Continued

• Join relevant groups and be active to engage• Share blog posts• Share useful information• Network

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LinkedIn: Skills & Endorsements

• People can endorse you for any skill on LinkedIn• If you do not have the

skill, remove it

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LinkedIn Specialties

•Watch for specialties• New York ethics

opinion forbids use of this tab

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Best Practices for Facebook

• Engage people on your personal account• Share only what makes you

comfortable• If you are not comfortable, don’t

use your personal account

• I discuss:• My dog• My work• News• Other people’s posts• My blog posts• Random facts

• I get clients from Facebook

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Best Practices for Facebook Continued

• Share interesting blog posts• Share interesting news• Encourage conversation• Don’t just use your page as a one way newsletter• Have a robust page• Offer contests and sweepstakes• Watch law and ethics in your state

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Facebook Concerns

• Should you friend clients on Facebook?• Depends on how you use your account• Very personal?• No

• General?• Maybe

• If you are uncomfortable, tell people to like your business page instead

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Ethics: Facebook Posts

• What kind of posts are ok on Facebook?• Watch confidentiality• Beware of answering specific questions with detailed advice• Keep true to your personality

• Don’t be afraid of controversy, but don’t seek it out for controversy’s sake

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Remember: No One Can See or Hear You

• No body language or vocal inflection• Different senses of humor• What is a joke to one person is an

insult or a grievous threat to another.• Indiana AG fired over tweet• “use live ammunition”

Reviews/Testimonials

• Allowed• Must follow relevant rules• Responsible for accuracy

• Ask client to edit or remove• Respond in comments

• May not suggest results

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Negative Reviews

• Be careful how you respond!• Best to respond politely (or not at all)

• Do not reveal confidential information• Attorney suspended for revealing confidential information in response to negative Avvo review• “…I cannot invent positive facts for him … his own actions in beating up a female co-worker are

what caused the consequences he is now so upset about.”• Response should not exceed what is necessary to respond to the review.

• PBA FO 2014-200 (July 2014):• A negative online review does not trigger the “self-defense” exception to confidentiality under

RPC 1.6(c)(4).• Not a “controversy” or “proceeding” within the meaning of the rule so as to permit disclosure of

client confidential information in response.• Remember that duty of confidentiality does not cease with termination of representation.

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Suing Over Negative Reviews?

• Triggers Streisand Effect• Creates publicity• Brings attention to client’s concerns• Could result in malpractice suit or ethics complaint

• Lawsuit creates the requisite “proceeding” under RPC 1.6(c)(4). • May share confidential information to defend

• Texas law firm sued a client over a negative Yelp review, posted after the firm sued for fees.• Former client complained in review that “this firm not only won’t help you – they intend

to do you harm if they can’t extract enough money of you[.] They are disorganized, deceptive, manipulative and largely disrespected….”

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The Cloud

Cloud Computing

• Cloud Computing: accessing data or software stored on servers located elsewhere.

• ABA States 31% of lawyers are using the Cloud• But many are unaware that they are using it• Gmail, Hotmail, Yahoo! Mail are all forms of the Cloud• Many firms now use the Cloud for:

• Email• Data storage and backup• Programs such as Office 2013 (through Office 365)• Client access to data

Why use the Cloud?

• Reduces need for • Hardware• Software• IT support• Processing power

• Saves space• No need for a server room• Can use lower powered and smaller computers

• Easy access to heterogeneous technology from anywhere

Choose the Right Provider

• Choosing the wrong provider can be disastrous• Loss of access to data• Loss of confidentiality• Loss of ownership

Ask the Correct Questions

• Read the entire agreement• Ask questions if you are not sure

Privacy

• Where are the servers located?• Different countries, different laws

• Review the privacy policy

Security and Access

• Can employees (of cloud company) or contractors access the data?• If service is not encrypted, can you add encryption• Non-encrypted service – Dropbox (can add encryption)• Encrypted service – SpiderOak

Reliability

• How old is company?• Is it likely to go out of business?• Does it have a lot of down time?• Is data backed up?• Where is it backed up?

Portability

• Can you permanently delete date?• Can you move your data easily?• Who owns the data?• It should be your client

Case Management

• Several leaders in cloud-based case management• Clio• Rocketmatters• Amicus

Factors to Consider

• Review Pennsylvania Bar Association Ethics Opinion 2011-200• Contains useful information on choosing a cloud provider

Email in the Cloud

Email

• Never use free email accounts• Many scan email for advertising purposes• Confidentiality issues• Branding issues

Branding Someone Else?

• Free e-mail is a waste of advertising potential• Branding Google, AOL, etc

• Purchase domain name• $15 per year

• Use Office 365 • Use Google Business (paid version)

• Both cost approximately $5-6 per month per seat• Both provide additional features, including the ability to sync contacts and calendars

Best Email Practices

• Make clear to all clients that e-mail has security risks.• Obtain permission to use e-mail• Discuss private accounts with clients

• During a divorce, make certain the account is not shared• Make certain the account is not a work account

• Encryption is not commonly used• Be cautious what you send over email• If the information is very sensitive, consider sending by another means• Consider using a PDF and securing the file with a password

• Do not send the password via email

Confidentiality Rule 1.6

• Confidentiality is a huge issue both on and offline• Hackers will target law firms• Various states have different laws about protecting data

• Must take “reasonable efforts” to preserve confidentiality• Factors include:

• Sensitivity of information• Likelihood of disclosure if additional safeguards are not employed• Cost of additional safeguards• Difficulty implementing safeguards• Extent to which safeguards adversely affect the lawyer’s ability to represent clients

Online Marketing &Cloud Computing(Including Ethical Considerations)

Presented for NAELAFebruary, 2015

Jennifer EllisJennifer@JLEllis.NetLowenthal & Abrams

&Jennifer Ellis, JD

Copyright Jennifer Ellis, 2015 – All Rights Reserved