Originally published on March 1, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.
TechnoScore: 1.0
1 = Lowest Possible Score; 5 = Highest Possible Score
Biloxi attorney Jay Foster creates a video that highlights why he's different from all other attorneys in (and not in) Mississippi. His intentions are good. The manner in which he carries out his message is not. Watching this video you will learn three important take-home messages:
1. Attorney Foster uses his three adorable kids as a prop in the video. Although they are beautiful and cute, they take away from the message he's trying to get across.
2. Foster uses a Webcam to create an educational message. You'll notice immediately that his three kids are illuminated by the glow from the computer monitor and give off a ghastly white or greenish glow that you would not see if using a high-definition video camera.
3. Foster compares himself to another law firm by name. He also challenges the viewer to call that lawyer to ask a specific question and offers $1,000 to anyone if they can meet his challenge.
The essence of his message is that he was born and raised in Mississippi and is fully licensed to practice law in Mississippi. This is an excellent way to distinguish yourself from those lawyers who are not born and bred or licensed in the state in which you practice.
The biggest mistake occurs when he singles out a law firm that advertises extensively in Mississippi. He distinguishes himself by explaining that he is fully licensed to practice law in Mississippi while this law firm that competes with his firm and advertises heavily is not. He then challenges viewers to call that lawyer's office to ask if he's licensed in Mississippi.
I have written about this issue before in my YouLaw reviews in SmallLaw. See e.g., My Law Firm Is Better Than Your Law Firm. One of my cardinal rules for lawyers is to never disparage anyone on video. Doing so can generate a grievance complaint in addition to a claim for libel or slander. You also dilute your educational message by throwing down the gauntlet. It's like politicians who focus on negative campaigning rather than offering a positive message.
A better method to distinguish yourself is to allude to the other lawyers in your state that might not be licensed. For example:
"Unlike some law firms in the state, I grew up here, I was raised here, I went to school here, and I am fully licensed to practice law here. Let me tell you why that is so important if you have a potential case in Mississippi."
Now you have given your viewers a detailed explanation why it's important to be licensed to practice law in the state without ever personally naming a lawyer that advertises but may not be licensed in your state.
Even if the claim that the attorney is not licensed is true, so what? By calling attention to that lawyer and law firm you have again diluted your educational message, and your prospects may not appreciate that you are calling out an attorney by name.
Toward the end of the video Foster engages in some light banter with his children who clearly support his claim that he's a no-nonsense guy who he tells it like it is.
Tip #1: Skip the Props, Especially Kids
As cute lovable as your kids are, in my opinion they dilute the educational message here and don't help focus your viewer on your information.
Tip #2: Ditch the Webcam
Even hi-def 720p Webcams cannot compete with a moderately priced hi-def video camera. Focus on quality, not convenience.
Tip #3: Never, Ever Disparage Anyone on Video. Ever.
Never, ever badmouth or call out another lawyer or law firm by name. Doing so will come back to bite you and may sour your prospects when creating an entirely educational message.
Till next time, see you on video!
The Back Bench
Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "This video is best for sending to family during the holidays — NOT for lawyer marketing. The ONLY tidbit of information I derived from Jay's video is that he was born and raised in Mississippi, is licensed, and apparently, there are a lot of lawyers who pratice law there without a license. His kids are super-cute, and the video is entertaining, but it begs the question: What type of lawyer are you? Why should we hire you? Next."
TechnoLawyer publisher and online video producer Neil Squillante says: "I don't like Jay Foster's use of his cute kids or his name drop of a competing law firm — plus the video is cheesy to the extreme. Nonetheless, I like Jay and his "I'm a true Mississippi lawyer" pitch. Jay, tighten your script and reshoot the video without your children and the name drop, but with the same energy and enthusiasm."
Written by Gerry Oginski of The Lawyers' Video Studio.
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