Is There a Podcast in Your Future?

Podcast--a digital audio file made available on the Internet for downloading to a computer or mobile device, typically available as a series, new installments of which can be received by subscribers automatically.

The newest and fastest growing entrant into the digital marketing world is the podcast. Edison Research conducted a study that found that podcast listening grew 23% between 2015 and 2016.
It also found that 21% of Americans or about 57 million people aged 12 and up have listened to a podcast in the last month. This a 4% increase in listening over the last year.

Why the increase in listening?

The answer is simple—mobility. Sixty-four percent of podcasts are being listened to on smartphones or tablets. People listen on their commute to work, on their evening walk or morning run or while completing mundane tasks.

Should You Have a Podcast?

Adding podcasts to your website or blog increases your reach to other audiences. Not everyone learns visually so for the listeners among us, the podcast is the perfect medium. Having a podcast is an effective way to differentiate yourself from other lawyers and to demonstrate your expertise in your area of practice.

Podcasting is cost-effective and efficient and offers the opportunity to improve client education. It is particularly appealing for small and solo practices.

Things to consider for your podcast:

Know your audience. Not everyone listens to podcasts. If your target audience is the younger audience who want to control how, when and where they get their information, then the podcast is for them. If, on the other hand, your goal is to bring in more senior executives, you’d be better off visiting their workplace and forget the podcast.

Create great content. Clients refer and are loyal to lawyers they trust; and trust is created by offering good well-researched and easy to understand information. Your podcast should not be comments on your last family vacation; your podcast must convey the right image and be of interest to your target audience. Interesting, informative and entertaining messaging creates a great podcast.

Have a co-host. Radio shows and podcasts work better is there are two speakers. It’s more interesting and fun to have someone to talk with. On your own? Invite guest speakers and use the Q and A format to add interest and liven up your broadcast.

Know how your audience listens.

Much of your audience will listen on your website, rather than downloading the podcast to their smartphone or tablet. Decide where the podcast belongs on your site—a spot of its own, under a practice area or a new developments section. Podcasts can add to the value of your site for prospective and current clients.

Try to Release Weekly Episodes:

In the ideal world, you would release on the same day and time every week. Your listeners will appreciate knowing they can tune in every Thursday at 4 p.m. to hear your latest update on the state of the law in your practice area.

Keep it short and simple:

Make it as short as you possibly can. Half an hour is the longest it should be—15 minutes is better. If the topic is complicated and needs more explanation, save it for your blog or a speech or article. Podcast listeners are working out or in their car so they won’t listen to a long or complicated narrative. Podcasts can convey passion, the personality of the lawyer and a limited amount of content

Finally, a great podcast needs listeners. Announce it on your website, your blog and on social media. The value of your podcast will increase as it is included in your overall marketing plans.

Where do I Find Topics for my Blog?

You have the best of intentions when it comes to writing your blog. Perhaps you’ve actually set time aside on your calendar to write that post. You sit in front of the computer and stare at the screen with no idea bubbling to the surface demanding to be written. Where can you find topics to write for your readers?

Start by pulling over the yellow legal pad, write at the top “What am I asked over and over?” 

Write the numbers one through six, one under the other so you’re using the whole pad. Now, without over-thinking it, write what comes to your mind first, then next continuing until you have six. Use as few words as possible to describe those questions. Keep it simple and quick.

Stuck? No ideas?

Think back to discussions with clients on the phone or in person, court hallway conversations, webinar Q & A sessions or queries from strangers you met standing in line at the local coffee shop for your morning coffee. These conversations give you topics that are important to clients and potential clients.

As you remember these questions, you will realize that the questioners aren’t asking about a recent court decision or your latest brief on a discreet legal topic. They are asking about problems that affect their lives. Maybe they are buying a house and want to know about deeds available in Michigan. Or what is a will?

There are two types of blog topics: 

     First, are topics that are timeless. Such topics as the difference between a legal separation and a divorce.
     Second, are timely topics usually found in the form of an analysis of breaking news story, which can be either mainstream or industry-specific.

For example, the SBM Newslinks posts Michigan Legal News everyday. Some articles affect a particular business such as the report on the “Detroit Teacher Sick Out Closes 90 Schools.” “What could this mean for other Michigan school districts” is a timely approach. “What’s the difference between an at will employee and one under contract?” is timeless.

Once you have the six topics, decide how often you’re going to post your blog. If once a week, you now have six weeks of topics; if every other week, then you have 12 weeks of posts. Put your writing time in your calendar and treat it with the same importance you would a meeting with a client.

On your non-writing weeks, schedule a time to look for news that needs explaining for your clients. They will appreciate your analysis of the situation and be pleased that you are thinking of them. Don’t worry if it’s been done before. You have your own take on the subject written in the light of the concerns of your clients.

Now you have six to 12 weeks of blog post topics. As you work your way through your list and you get more questions from clients, friends and acquaintances, you will find yourself adding to the list and never being at a loss for a topic for your blog.

Repost from SBM e-journal

What is Marketing?

Marketing: A management process through which goods or services move from concept to consumer. (Business Dictionary.com)

You are a lawyer providing a legal service. You are also a business. As a business you have all the management problems of every business owner including marketing your business. With a well-planned marketing strategy, your law business will grow over time.

The process of marketing includes four elements:

·      Identification, selection and development of a product or service.

·      Determination of price.

·      Selection of distribution channel to reach your ideal client

·      Development and implementation of a promotional strategy

Identification, selection and development of a service:

Your first consideration is to decide what type of law you wish to practice. Often this became evident in law school as you studied the various areas of law or you accepted an internship and spent hours researching personal injury or civil rights or criminal and you became fascinated.

Another approach is to study your town. Research the census statistics, join the Chamber of Commerce, study the businesses—determine the composition of the area to determine what legal services are needed. Use that information to start a practice or add a new needed practice area to your list of services.

Once the area of practice is identified and selected, develop an expertise by attending conferences, ICLE seminars, teach or write articles for your state or local bar association.

Determination of price:

Pricing is a complicated issue worthy of study. Prices should be based on the client’s subjective value placed on solving his or her problem. Because it’s subjective, it can be hard to figure out. Don’t quote over the phone, have a meeting with the prospective client, analyze the information and offer to send the quote the next day. You may also decide to offer some services at a fixed price, a price that is attractive to target clients and profitable to the law firm over time.

Selection of distribution channel to reach your ideal client

Take some time and decide who will buy your services. Once you know who you want to attract, then decide how to reach that person. One way is the Internet—PEW research says more than 75% of consumers use the Internet to find a lawyer or to learn more about the lawyer recommended to them. A website creates a good first impression and helps build trust and credibility. More consumers are turning to legal directories, so update you profile on the SBM Member Directory. Social media such as Facebook, Twitter and LinkedIn helps build relationships.

Face to face networking is another way to meet people and expand your client base. You can join volunteer organizations with goals you support, sit on boards, teach a class, give a speech and network with other lawyers.

Develop and implement a promotional strategy.

First, establish what marketing strategies you will use; second, determine how many hours a week you will be able to devote to your plan and last, establish a budget for estimated costs. Always ask clients how they came to you, ask them for referrals in your closing letter and use an analytics program to determine how your on-line presences are doing.

Marketing is more than selling. It as a way of thinking in terms of your clients’ needs and their satisfaction. If you turn your thoughts to them and not yourself, you’ll get more referrals and your business will grow.

Repost from SBM e-journal

What Are the Best New Year’s Resolution for Lawyers?

January, 2017 is now on your calendar. The month January, originally named Januarius in the Roman calendar, is named after Janus, the Roman god of beginnings and transitions. He is depicted as a two-faced god capable of looking at the past and the future at the same time, which is exactly what you can do when you set out to write those New Year’s Resolutions; be like Janus and look to the past to plan the future.

Start by looking back at 2016. List three things that worked. Maybe Jane, the new paralegal you found after a long search is awesome, social media actually brought in new business and you delivered a ‘killer’ and winning final argument. Then list three things that didn’t work. For example, the new software crashed the computers, your blog posts died after three postings and your millennial associate went to work for a non-profit helping indigent defendants. Learn from the past. Simply being aware is enough.

While you’re in the thoughtful mode, lean back in your chair, close your eyes and visualize yourself being successful.

First, decide what ‘successful’ means to you. Does it mean more cases in a special area of the law or more time for the family or at your easel or at the gym or a combination of all those desires? Whatever it is make a mental picture of your place of professional prosperity and keep it in your mind. Hard to remember when you’re racing around from court to court, meeting to meeting and client to client, but pause a minute, find that place and move toward it. This is what athletes are told to do -- see it, then be it--works for them, it’ll work for you.

Resolve to make your life a little easier by leaving the office early on Fridays, fire your worst client, you know the one that gives you and the staff migraines and accept that there is no perfect solution in the law. Someone will be unhappy. Sometimes that person will be your client. Hang in there, next time your client will be the one with the smile.

Also, consider being or getting a mentor. Whether you’re giving or getting advice, a mentorship can help develop your career or help a new lawyer just starting out. And, do pro bono work. It’s a professional duty, helps develop new skills and makes you feel good about your practice

Most of all, keep your New Year’s Resolutions simple. Don’t take on more than you can realistically accomplish. Move through the coming year remembering where you want to be; find your path and start in that direction. By the end of 2017, like Janus, when you look back, you’ll be feeling good for keeping your promises to yourself.

The Lawyer Parent

Ask children who have lawyers for parents and they will tell you said parents are not only a source of embarrassment but can be real drags. As we celebrate the holidays and families are congregating,  it may be time to see ourselves through our children’s eyes. The trouble for the child undoubtedly begins before birth.

lawyer parent 

The gynecologist becomes aware that one of the child’s parents is a lawyer. The method of questioning alerts the doctor that you want detailed, soundly reasoned information. Little Jane or Jack is also listening and the discomfiture caused by the lawyer parent is beginning.

Being born doesn’t help. Now the scrutiny becomes more intense. Every diaper change is preceded by discussion regarding method, frequency, and type of diaper. More dialogue about the sleep position, the type of food, proper attire perhaps some research is needed before a decision can be made.

“Do the job,” the by-now-uncomfortable child thinks. “Is it going to be this way all my life?”

It is time for pre-school. The child is excited about being with his peers. The search for the proper pre-school was long, intense with many high-level parental conferences. Finally, a decision is made and the child is off to school. One day the children are talking about their parents.

trash truck

“My Mom/Dad is a lawyer,” says your child proudly. “What’s a lawyer do?” asks Andrea.
“Reads stuff and talks,” says your child.
“Is that all?” asks Ed. “My Dad drives a trash truck.”
“Now that’s really cool,” says Andrea.
Your child comes home and asks, “Why don’t you drive a truck?”

Move on to elementary school. Little Jack, now in second grade, has become resigned to the dullness of your occupation. Career Day is coming up. He comes home with a note from the teacher asking for parents to come in to talk to the class.

“You don’t have to go; I know how busy you are,” he says in an effort to avoid any embarrassment.

“No, I would love to speak to your class.”

 “Okay,” he says politely, head bowed.

You gear up for your performance. After all, you have spoken to groups before. You stand up on your legs in court all the time. Talking is what you do for a living. What would the class like to hear?
Maybe give a discussion of the First Amendment? Or, perhaps talk on the rights of children? You research your topic, you have notes, and you are prepared. Wearing your best suit, carrying your briefcase, off you go to your child’s class.

The teacher greets you and explains that you will speak after Mark’s Dad, the builder. Mark’s Dad has a tool belt, brings in some wood and proceeds to build a birdhouse—complete with turret and weather vane—in 5 minutes.

A hard act to follow, but you are prepared. Your child introduces you. You start your speech.

lawyer parent speaking to class

“Have you been on television?” asks one student.
“No,”
“Oh,” Your child wiggles in his seat.
“Do you carry tools? Like Mark’s Dad?”
“No, I carry a briefcase.”
“Oooh” they say. Your child wiggles some more.
“Do you build stuff?” asks a voice from the back of the room. You suspect the questioner is Mark.
“No, I research the law and write briefs.”
“Oooooh,” they say. Your child has about disappeared under his desk.
Finally, the teacher says, “Thank you, Ms. Lawyer.”

Your child walks you to the door and the ordeal is over for both of you. The class moves on to Sally’s Mom, who shows them how to make an origami bird.

The teenage years are no picnic when you have a lawyer for a parent. First of all, lawyers have strange senses of humor. They tell weird stories and they tell them anywhere—in front of your friends, their parents, and their friends. People look at them and wonder how they can believe that the fact that little Johnny, sent to live with his Aunt Tillie who placed him in a fancy private school where he proceeded to teach the other little boys socially unacceptable behavior, is hilarious.

Then there is the questioning. Lawyer parents ask annoying questions. Where are you going? Why? Who are going with? What time will you be home? Do I need to call the other parents? Other parents ask those questions, but lawyer parents demand answers.

They will start their cross-examination with “Isn’t it true that...” They call the other parents. And, if you end up in trouble for some transgression or another, they bring in several lawyers to straighten out the mess, causing you even more humiliation. Nothing is simple for lawyer parents.

Going through life with a lawyer parent is not easy. On the other hand, they do know how to read, research and write. They also know how to argue. They will cause you to think and have reasons for your conclusions. They will force you to clarify the issue of a situation.

While they do not drive trucks, carry neat tools or build anything, they are handy to have around when a problem arises. They will take it on, protect your rights and stand in your corner all your life.

Lawyer Parent to the Rescue

(Excerpt from "Why do we do that?"commentary on lawyers and the law.)

Now We Can Advertise

Lawyers and Seltzer 

New lawyers starting a law practice in the 1800 America could advertise their business. Using mass circulars, handbills, posters, ads in the local community papers, they let the citizens know of their existence. In 1908, however, the American Bar Association (ABA) published the Canons of Professional Ethics, which abolished advertising by lawyers.

The ABA believed that lawyer advertising was unprofessional and cast a negative light on the profession. There was also the concern of encouraging frivolous cases and clogging the courts. According to the Chicago Bar Association, “The most worthy and

effective advertisement possible…is the establishment of a well-merited reputation for professional capacity and fidelity to trust.”

Lawyers were, however, allowed to be listed in legal directories, like the SBM Member Directory, and could also print business cards and use professional letterhead. They were back to the days of face-to-face networking, building their relationships with clients one person at a time.

Bates v State Bar of Arizona

That is how things stood until 1974, when John Bates and Van O’Steen founded their practice in Arizona. They decided to focus on a large number of small cases such as uncontested divorces, adoptions or simple bankruptcy to support their practice. To get the word out, they placed an ad in the Arizona Republic on February 22, 1976.

The State Bar of Arizona suspended Bates and O’Steen for six months. The lawyers challenged the decision and eventually the matter was heard by the Supreme Court of the United States, which ruled in their favor. The Supreme Court removed the ban on advertising stating that it “inhibited the free flow of information and kept the public in ignorance.”

The Court, however, did allow the State Bars to “regulate” advertising to make sure the information offered was true and didn’t mislead consumers.

The day after the Supreme Court decision in 1977, Group Matrix, an advertising agency, obtained their first legal client. In those years, they advertised for personal injury lawyers on television, radio, outdoor advertising on billboards, benches, taxis, buses and yellow pages. Over time, the yellow pages have faded away and the agency added a web service. 

How do lawyers advertise in 2016?

In many ways, advertising of legal services follows the same path it followed in the early years. We still advertise on TV, radio, billboards, taxis, buses and benches. What has changed is the addition of the Internet which gives lawyers another way to gain name recognition, impart information to prospective clients and establish their brand by creating websites and writing blog posts.

And, we are subject to the Michigan Rules of Professional Conduct on advertising, which are in the section titled “Information About Legal Services.” One of the rules requires “A copy or recording of an advertisement or communication shall be kept for two years after its last dissemination along with a record of when and where it was used.” {Rule: 7.2 (b)} That rule includes material on your website. Remember to give it a read.

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The Social Media

The lawyer sitting next to you at the conference is busy writing a tweet for Twitter, another is taking a selfie to post on Facebook. It seems that everyone except you are busy using social media to market their practice. Should you jump into the social media pond?

Maybe, maybe not.

Social media has its good and bad points. To understand what is best for you, your first step is to analyze your practice. Understand the legal service you offer in order to know your target market—their age, demographic, economic position. Knowing your practice will help sort out the pluses and minuses of using social media and decide which social media platform is right for you.

What is social media?

Social media is defined (Merriam Webster) as: “forms of electronic communication (as Web sites for social networking and microblogging) through which users create online communities to share information, ideas, personal messages, and other content (as videos)”

Think Twitter, Facebook, LinkedIn, Instagram, Pinterest and so forth. Each attracts a particular audience. If that audience includes your target market, you could consider joining the group.

The advantages of using social media:

·      Social media marketing is cost effective AKA free. You can sign up, create a profile and post information without paying a cent.

·      You can reach consumers that never come to your speaking events or read your newsletter or your blog. Your tweets find new readers who will comment or retweet your tweet to their followers leading to an even larger audience.

·      You gain name and brand recognition.

·      People come to know you by your choice of words, style of writing, topics you pick. Use an easy to read style, offer real information and show them you are approachable and they will be loyal and frequent readers.

·      Social media builds relationships.

·      Use visitor analytics and readers’ comments to learn more about your audience. Knowing their interests will help you find topics for them.

·      You can post a link to social media on your website and your SBM Enhanced Profile, making it easy for readers to find you.

The disadvantages of social media marketing:

·      Time—time is money, time spent on social media is not billable time, time you don’t have, which means if you start a social media be sure you are aware that time must be set aside to continue the postings.

·      Content needs to be written, edited, revised and published—again a time issue.

·      Social media creates demands on your talent; posts need to relevant to your practice and interesting to a wide variety of readers. Fortunately, as a lawyer, you have access to a variety of topics with the weekly SBM e-journal and the SBM news-links posted daily.

·      You lose control of your content. Everything you publish is available to be commented upon positively or negatively by all who read it.

·      Social media doesn’t have a quick return on your investment. It builds relationships and firm loyalty over time so you need to decide to be in it for the long haul.

Social media can bring many benefits and increased profits to your practice, but it does come with limitations. With good planning, you’ll be successful. If you decide to start a social media account, it could be you taking “selfies” and posting news items to your readers at the next conference. You’ll be in good company.