Your Online Reputation

The July issue of the Oregon State Bar Bulletin features an excellent article by Linn Davis entitled “Responding to Negative Online Reviews: Reputation Management.”  If you’ve ever received a negative review, or fear that negative content is inevitable, this post is for you.

While Davis’ article focuses on ethical dos and don’ts, it also contains solid practical advice.  The following excerpt describes what you cannot do, what you should not do, how to preempt negative reviews, and how to respond to a negative review. Also included are my two cents on best practice recommendations.

What You Cannot Do

  • Reveal information relating to the representation of a client
  • Post inaccurate content
  • Allow misleading information that creates false expectations regarding fees, results, or your firm’s resources
  • Use subterfuge (employees posing as satisfied clients offering glowing reviews)
  • Fail to promptly update information when it changes
  • Engage in real-time interactions that violate in-person solicitation rules

What You Should Not Do

  • Sue the source of the negative review for defamation
  • Attempt to restrict clients from posting negative reviews
  • Form an unintended attorney-client relationship in an online legal forum
  • Fail to screen for conflicts in an online legal forum
  • Offer incentives for a positive review without considering the ethical and legal implications. See Oregon RPC 1.8(a), and 16 CFR Part 255 relating to FTC regulation of endorsements.

How to Preempt Negative Reviews

  • Contribute accurate and valuable information regarding yourself and your firm
  • Use disclaimers when participating in online legal forums
  • Provide clients with professional and competent work product

How to Respond to a Negative Review

One possibility is to do nothing.  As Davis points out, “not every opinion (on the Internet) must be contested.”  If, however, you feel you must respond, Davis offers three ethically permissible approaches:

  • Encourage the client to contact you to resolve the concerns expressed (this could be done online or offline)
  • Post that you disagree with the client’s account but are prevented by your professional standards from responding in a public forum without the client’s consent
  • Direct readers to other forums where your representation is regarded more “fully, accurately, and favorably”

Best Practices – My Two Cents

If the negative review comes from a client:

Your best tactic is to encourage the client to contact you. I suggest doing this privately and leaving the online post alone.  Why?  Responding to a negative review in any fashion will cause it to rank higher in search results.  Remember: search engines use algorithms based on quantity and quality. The more online engagement surrounding a negative thread, the more prominent it will become.

The good news is that you can exploit the quantity/quality preference of search engines by contributing your own accurate and valuable information.  In addition to Davis’ suggestions about adding basic biographical data and a description of your services, list yourself on free online legal directories, blog, update your Website, post to social media, share photos, and reshare/repost content.  It will take time and effort, but your content can and will push the negative review below the first page of search results.

If the negative review comes from a non-client:

I’ve known many lawyers who received negative “reviews” from non-clients – either disgruntled opposing parties or those who are motivated to attack the lawyer because of her practice area or representation of a particular client. Examples include immigration law, debt collection, or defending a client accused of a crime. Other than overwhelming the negative review with your own positive content, there isn’t much you can do when a non-client complains. Responding will only spur on the commentor.

Parting Thoughts

While it is important to monitor what people are saying about you online, try to have a thick skin. I know that negative reviews can be hurtful and maddening – especially when the source is motivated to keep attacking.  However, and pardon my French, but most of us can spot a “whack job.” Therefore, if a potential client decides not to meet with you because of what he sees or reads on the Internet, it’s probably a good thing.

All Rights Reserved Beverly Michaelis 2017

Cost per Case Analysis and Your Firm’s Marketing Decisions

The following is a guest post, courtesy of Deanna Powers, eGeneration Marketing.

There are more than 12,000 attorneys in the state of Oregon. Many firms, particularly small firms or solo practitioners, may not be able to hire someone to handle all marketing efforts. If you’re in charge of marketing for your law firm, it may be challenging to know which channels are most profitable. TV ads usually lead to a lot of claimants calling your office, but is this marketing option overall more profitable than simply spending more time optimizing your firm’s social media pages?  Fortunately, there is a way to accurately compare every marketing venture to one another. A cost per case metric will help your firm make better-informed spending decisions by examining the profitability of all current marketing efforts.

What Is Your Cost Per Case?

A cost per case (CPC) analysis examines the profitability of a particular marketing venture by taking the total dollars spent on that advertising effort divided by the new clients signed because of that effort.

Marketing Effort Budget ÷ New Clients Signed = Cost per Case

It’s unlikely that your marketing channels will all yield the same CPC. Some new clients will have a CPC of $0. This happens when past clients refer your firm’s services to their friends or family members.  This is perhaps the most beneficial marketing avenue for your firm, since it cost you nothing in terms of advertising dollars.

Unfortunately, no matter how strong your firm’s reputation, not all new clients can be signed from referrals. A CPC metric gives you the data you need for a thorough analysis of every paid marketing effort, which in turn puts stronger marketing budget decisions well within your reach. Some profitability can be calculated for you—Google AdWords gives your firm a wealth of data on how your campaigns are performing if you use PPC ads. Unfortunately, non-digital marketing efforts are a little more challenging to evaluate, but the CPC calculation still comes into play. We can use billboard pricing as an example as how you would calculate your firm’s CPC through a traditional marketing channel.

Billboard Ads: High Exposure Generates Greater Leads

When considering marketing avenues for law firms, high exposure is a key factor. Many firms choose to use billboard marketing because it gets you the most views for the lowest price. Outdoor ads have a crucial place in a well-devised marketing strategy according to the Arbitron Out-of-Home Advertising Report, a national survey that examines advertising and spending habits in relation to the increasingly mobile lifestyle of Americans. According to this report, eight of 10 Americans make buying decisions while out of the house and many of these decisions are made in the car. About 75% of travelers see billboards, and about 50% internalize the messages viewed, often later acting on them.

Lamar Advertising, one of the nation’s biggest billboard and other outdoor advertising firms, offers a range of marketing locations in Portland, Oregon and the surrounding communities. Prices vary, based on ad size, location, and whether messages are static or digital, but this means your firm has ample choices for remaining within an established marketing budget. For example, Lamar offers a billboard on Mt. Hood Highway, near Haley Road, which receives more than 92,000 views during an average week. This 14’ x 48’, permanent billboard rents for $7,500 per month.

It’s very hard to know how many clients you’ll sign from a billboard, as the overwhelming majority of commuters won’t need your legal services. Conversion rates for billboards can be as low as 0.002%, and this is simply the number of people who call your firm, not the number of cases you take! You may only think one of 10 claimants who reach out to you have a pursuable case. If you sign a respectable two new clients per week due, your CPC for this example will be $938.

Is This a “Good” Cost Per Case?

Some firms may be thrilled with a CPC of $938, while others will be horrified. It all depends on how much return you’re expecting from your claimant.

If your firm specializes in divorce and family law, for example, then you’re likely to see fees of $10,000 or more per complex case, which would make the spend of $938 for signing a new client profitable. On the other hand, if your firm specializes in Social Security disability law, then the $750 spend might be a bit steep. The average Social Security attorney only receives $3,000 per settlement, with a maximum of $6,000. The profit margins would be too slim for Social Security attorneys to pursue any marketing channel with a CPC that high.

Ultimately, if your firm realizes a CPC of about 15% of the fees earned per claimant, then the marketing effort is considered a profitable advertising venture.

Getting the Facts Needed for CPC Analysis

A CPC metric only works if you have the appropriate data to complete a reliable analysis. With many of your online advertising efforts, you can easily determine how and where clients learn of your firm. When a new client calls or walks through your doors though, you’ll only discover the data you need if you pose the appropriate questions, and the most important one is:

“Where did you hear about us?”

A new client’s answer lets you construct a reliable CPC. This in turn allows you to evaluate accurately your current marketing efforts. It additionally offers the data necessary for developing profitable marketing plans for the future. Regardless of whether you use TV ads, billboards, digital marketing, or are simply working to build a name in your community, calculating your CPC can all you to pinpoint your marketing inefficiencies and invest more into your most successful campaigns.

Deanna Power

eGenerationMarketing

Best of 60 Tips in 60 Minutes – 2017 ABA TECHSHOW

Yesterday I shared the Best in Mobile Apps for IOS and Android from the 2017 ABA TECHSHOW.  Today: the Best of 60 Tips in 60 Minutes with ideas on:

  • Blockchain Technology [A direct payment solution that bypasses banks]
  • Document and Workflow Automation
  • Document Indexing
  • Email
  • eSignatures
  • Facebook Advertising
  • Hardware Hacks
  • Lawyer Websites
  • Meeting Apps
  • Microsoft Office
  • Mirroring Content from Mobile Devices
  • Mobile Scanners
  • Note Taking
  • Online Collaboration
  • Online Intake
  • Organization
  • Outsourcing Tasks
  • Practice Management Software
  • Productivity
  • Proofreading
  • Saving Money
  • Scheduling Assistants
  • Security
  • Social Media Management
  • Slide Presentations
  • Spam
  • Timekeeping
  • Travel
  • Virtual Assistants
  • Web Conferencing

For a recap, click here or on the image below.

The Ethics of Social Media and Online Marketing

Last weekend the Oregon State Bar held the first ever Solo & Small Firm Conference in Bend, Oregon.  The lineup included nationally recognized speakers and Oregon-based experts, including the incomparable David Elkanich of Holland & Knight.

David gave two great presentations at the conference, and I promise to blog about both. Today I start with a subject near and dear to my heart: The Ethics of Social Media and Online Marketing.  Here are a few tweets to give you the flavor of David’s presentation:

A complete compilation of David’s tips can be found here.

Over the next days and weeks I will share other gems from the conference, including “best of” tips from:

  • Exchanging Documents Electronically
  • How Clients Can Win with Your Small Firm Resources
  • Tame the Digital Chaos
  • 60 Legal Tech Tips
  • and more!

All Rights Reserved 2016 Beverly Michaelis

Marketing Strategies for Lawyers from #SuperMarket6

Supermarket6June 2 and 3 marked the sixth annual Super Marketing Conference held in Boston, Massachusetts.  As usual, the content and lineup was stellar.  Topics included managing online reviews and profiles, video marketing, website design, and content management.

With over 300 conference tweets, it was easy to capture the “best of,” some of which are featured below. For a more complete curation, see Storify.

Online Reviews

  • 77% of people read online reviews before buying
  • Plant the online review idea early with clients
  • Bad online reviews help improve the credibility of good online reviews on the same site
  • Google tracks review locations, times. Clusters near your office, at same time will be dropped.

Online Profiles

  • Even selfies on help build lawyer visibility, credibility (you can learn from your 12 year olds).
  • If someone’s looking for a lawyer, they are eventually going to Google (verb) their name
  • Users find authenticity on,
  • great place to see questions prospects are asking so you know what to write about on your blog
  • Every 100 “Answers” posted on Avvo Forum leads to 10 contacts. 10% lead gen is pretty cool!

Content and Branding

  • Content for lawyer marketing/branding flows out of a lawyer’s values and story
  • Effective branding requires clarity of message (requires development) with consistent delivery.
  • We don’t buy from logic, we buy from emotion. Your brand must have a happiness campaign. Package your happiness and sell it.
  • Clients hire individuals, not “lawyers” as fungible machines
  • Content must appeal to the audience you are seeking (referral sources v. possible clients)

Why Your Next Client Wants to Hire You

  • What are potential clients looking for? 1) Expertise 46% 2) Trusted Recommendations 37% 3) Trust 30% 4) Location (20mi)
  • Focus your marketing on being the solution that consumers need to address their legal concerns
  • 60% of consumers use mobile to find their attorneys
  • 64% of legal consumers only contact one attorney. 87% hire that attorney.
  • Resounding theme – get your firm on ! Most popular mobile apps used by consumer Facebook and FB Messenger

Video Marketing

  • Use video marketing as means of differentiation, trust, authority
  • YouTube is the second largest search engine. Google owns YouTube. Use YouTube. ~ Marketing Logic for Lawyers
  • Use Schema.org or Wistia to tag videos for beneficial SEO
  • Forget Pay-per-click – the legal market is too saturated (and rates are ridiculously high)
  • Use animated gifs, not embedded videos in your eNewsletters

Read all the “Best of” tweets from the #SuperMarket6 Conference here on Storify.

[All Rights Reserved Beverly Michaelis 2016]