TechnoLawyer: TL Editorial

Does Your Law Firm's Mission Statement Date Back to the Ostrogothic Empire?

Many law firms take great pride in their legacy — especially the pearls of wisdom handed down by the founding partners. For example, Paul Weiss proudly displays its original Firm Principles on its Web site — written by the late Judge Simon Rifkind in 1963.

But what happens when such lofty principles date back centuries rather than mere decades? You might need to selectively quote only those pearls of wisdom that pass muster in today's world. Take a look at Cadwalader, a send-up of just such a scenario by Trophy Dad, a comedy sketch group in New York City.

Finally, some trivia about the video. Trophy Dad chose the name "Cadwalader" for the fictitious law firm featured in the video because one of its members, John Phillips, worked at the real Cadwalader as a paralegal for 1.5 years after college.

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Publishing seems so glamorous ... to non-publishers. As many lawyers turned bloggers have learned, publishing is a grind in which you're only as good as your last article. While blogging software has dramatically reduced the amount of grunt work, it hasn't eliminated it completely. Therefore, I present to you my top five unglamorous legal blogging tips:

1. Write your posts in an HTML or text editor, not in your Web browser. Most of us post to our blogs using a Web browser. But browsers don't enable you to save your work with a quick Control-S, which means most bloggers don't save their work frequently. If you accidentally close your browser window, poof — all gone.

Instead, use an HTML or text editor to create a template for your blog posts. Write your posts there and use your browser only for posting. As an added bonus, you'll automatically have a backup of every post on your hard drive.

2. Consider using recurring features. Or as I call them — the difference between amateur and professional publishing. Recurring features provide personality and structure to your blog, and make it more likely you'll connect with people and build an audience. Give each feature a clever name and provide an explanatory blurb in the footer beneath each post (another good reason to use templates).

TechnoLawyer is, of course, a perfect example — we publish 6 different newsletters, and in our blog we have recurring features such as Ad Watch, Coming Attractions, TechnoEditorials, etc.

Over at the Databazaar Blog, which we ghost-write, we have Printer News, PrinTips, Review Roundup, DoubleSided, etc.

Obviously, you'll want to retain the ability to post outside of this structure. I refer to such posts as "freeform."

3. Grammar and spelling do matter! While you may want to use a casual tone in your blog, that doesn't mean you should ignore grammar and spelling (another good reason to use an HTML or text editor). In fact, consider having someone at your firm serve as your editor and/or proofreader. This person can check your posts not only for technical errors, but for more serious problems as well. Thanks to blog search engines like Technorati, it can be difficult to retract a post once published.

4. If your titles need to cover a lot of ground, help them out by using a subheading. Search engines pay most attention to titles so limit them to the essential keywords. If you need to convey anything else, do so in a subheading. You can also use a subheading to repeat very important keywords. We use this technique in every post on Databazaar Blog. For example, a recent post used the following title and subheading.

Title:
Matthias Wandel Wanted a Dot Matrix Printer So He Built One MacGyver-Style

Subheading:
DoubleSided: A Classic From the 1980s: One-Pin Homemade Dot Matrix Printer

5. Design your blog to accommodate photos and videos. Anytime someone in your firm has a public speaking gig, try to photograph or videotape it so you can post it to your blog. YouTube videos have a width of 425 pixels so give your blog a width of at least 500 pixels just to be safe. This width will also enable you to display photos at a size that won't require squinting.

Happy blogging ... and sorry to be such a bore.

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

By now you've heard about the charges being dropped against the three Duke students. I'm a Duke graduate who disagreed with the decision to put the kibosh on the entire lacrosse program. Forget the team. That was unfair to the fans. Duke's president repeatedly implored us alumni to let the legal system run its course. Fine, but that means innocent until proven guilty.

Incidentally, when I was a student, a lacrosse player dented my car while practicing in the parking lot behind the Pi Kappa Alpha fraternity. That knucklehead. But I digress.

As we march further into this century, it seems like all the best new talent is on the Internet. For example, take a look at video blogger Mary Katharine Ham's take on the Duke case in which she creatively excoriates the poor lawyering on the part of the prosecution. She's not a lawyer, but she thinks like one. Oh yeah — she recorded this episode in December 2006, four months ago. (Click here if you can't see the video below).

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

As you know, we publish TechnoLawyer Blog. Monster, the online career site, publishes Monster Blog.

What do we have in common?

A blog at pureserendipity dot com is republishing our posts without permission.

The problem is not so much the blog, but the fact that it's being indexed by Technorati, the second largest blog search engine. Thankfully, Google does not yet index this blog, but if that ever happens, it could siphon off our traffic.

I suspect the blog is hosted in Russia, which apparently has modern copyright laws. I tried emailing the domain owner a friendly note, but didn't hear back.

I've contacted Monster's legal department, but I don't yet know if it will work with us.

What would you do if this was happening to your blog?

a. Ride Monster's coattails (assuming it takes action).

b. Try to hire a copyright lawyer in Russia.

c. Contact Technorati and ask to have the blog removed from its index. And perhaps contact Google as well as a prophylactic measure.

d. Do nothing unless it gets indexed by Google.

e. Something else?

PS: On Wednesday, this very post will appear in that blog.

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Michael Arrington is a lawyer turned blogger who covers Web 2.0 companies in TechCrunch, a blog with an astounding 347,000 RSS subscriptions (that's astounding because RSS is still a niche technology as opposed to email and the Web). Like many lawyers, he has an outsized ego, strong opinions, and writing skills to match, which makes him a must read among those of us who work in online companies.

On April 12th, he published an article entitled CEO Of Rivals Involved In Securities Fraud; May Kill Yahoo Acquisition.

The next day, Sutherland Asbill & Brennan, a law firm in Georgia that represents Rivals CEO Shannon Terry, sent TechCrunch a letter threatening a defamation lawsuit unless TechCrunch posted an apology and correction of alleged false statements in its April 12th article.

I know what you're thinking. Yawn. A demand letter. Big deal.

Except that Arrington posted it on TechCrunch immediately upon receipt in an article entitled Shannon Terry Is Pissed Off, Threatens Lawsuit Against TechCrunch (see snapshot above).

Naturally, posting the demand letter increased the interest in his April 12th report. Wired picked up the story as did AOL — not to mention us.

Perhaps I'm wrong, but here's how I believe this saga will play out: Shannon Terry may get a correction posted, but TechCrunch will emerge more powerful than ever. No lawsuit will ensue.

So what's the lesson? Think twice before sending a cease and desist or demand letter to a blogger, especially a powerful one. Bloggers play by different rules and believe in transparency to the extreme. While you may win the legal battle, you may lose the publicity war, which arguably matters more in today's world.

Instead, pick up the phone and call the blogger. Have a civil discussion. Point out the problem and try to negotiate an agreement behind closed doors. You might even offer the blogger an inside scoop of some sort in exchange for agreeing to your request.

In short, when it comes to blogs, use a carrot before you use a stick. You can always use a stick later if a carrot doesn't work, but the reverse does not hold true.

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Not that anyone asked, but below I've placed my top five dos and don'ts for online legal video:

Do:

1. Write a screenplay or storyboard before you shoot any footage. It's no different from a deposition — you need to prepare.

2. Use quality microphones. Sound is more important than video quality, especially on YouTube, which uses an inferior Flash format that makes everything look blocky. If people cannot make out what you're saying, nothing else matters.

3. Shoot your footage in locations that have lots of light. Nothing looks worse than underexposed video. Better to use a cheap camcorder with lots of light than a high-end HD camera in low light conditions.

4. Hire a director/editor even if you're an avid hobbyist. A professional will provide insights that will improve the project.

5. Provide useful information or tell a good story. Otherwise, what's the point?

Don't:

1. Convert your PowerPoint presentations to video. They don't translate well. If you do, at least add a voiceover to discuss each slide. Remember, silent movies went out of vogue some 80 years ago.

2. Rely solely on your 30 second television commercials. If people fast forward through your commercials on TV, what makes you think they will watch them on YouTube? Instead, do upload them since it's free, but create companion videos with more information.

3. Use video just for the sake of using video. Use this medium only if the visual component will enhance your message. No brainer examples of when to use video: someone in your firm appeared on TV, you have a good-looking and media-savvy lawyer in your firm who can serve as your public face, you handle cases with lots of visual evidence, you have brand new office space to show off, etc.

4. Make your video public unless it's ready and you're ready. People like me regularly scour YouTube for legal videos. On several occasions, we have sent thousands of people to videos that the creators then pulled because they weren't ready for that large of an audience. You can keep your YouTube videos private for purposes of obtaining feedback from colleagues.

5. Rely solely on YouTube. If you regularly create videos, set up a podcast feed and make your videos available through iTunes. Also, post them on your own site.

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

As you know, we often point to and analyze YouTube videos related to law practice. That's because we believe YouTube provides law firms with an unprecedented marketing opportunity — the ability to reach millions of consumers without having to pay an advertising fee. You do, of course, have to create a video and promote it, but that's a small expense by comparison. In fact, promoting a video might entail emailing the link to your clients and asking them to pass it along (you should also email us as our coverage often causes significant spikes in viewership).

Now, I'll readily admit that most law firms have never dabbled in video — except perhaps depositions. However, every law firm has considerable expertise in another medium — the written word.

For this reason, newly launched Scribd might prove even more powerful and far cheaper than YouTube.

Scribd is YouTube for documents. You simply upload a document in one of the supported formats after which Scribd indexes it and makes it available in several versions — PDF, Word, Plain Text, Flashpaper (for browser viewing) and MP3 (for listening).

Okay, let's get the obvious out of the way first in case it's not so obvious:

• You can use Scribd as a free document conversion tool, albeit with a limited number of file formats right now.

• You can use Scribd to convert documents into MP3 files that you can listen to while commuting, which means you can drive and bill. Ka-ching!

• You can use Scribd as a quick and dirty extranet for clients.

• Someday, I suspect Scribd will also perform free OCR.

That's all great and yes you can keep your documents private, thus using Scribd solely as a technology tool.

But I think Scribd might even have greater utility as a marketing tool — both for you personally and your firm.

Scribd probably already has a larger audience than your Web site does, and that gulf will no doubt widen now that Scribd has taken its first dose of venture capital.

Why not try uploading an article you've written to see what happens? For maximum impact, place it on your firm's letterhead and create a complete Scribd profile including a link to your firm's site. Also, don't forget to tag it with keywords that people will likely use in their searches.

To get started, allow Dennis Kennedy to lead the way as he often does. Check out Dennis' first Scribd upload — a collection of seven of his articles on e-discovery.

Also, I've also uploaded an essay I wrote in July 2002 entitled Jar Jar's Law. It compares the technology in Star Wars to that of our own world.

Tip: Upload your documents in PDF format for best results in Flashpaper (the browser viewer).

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Couldn't make it to TechShow? While the ABA has not yet uploaded materials from last week's conference, several bloggers have. Take a look (and a listen).

60 Marketing Tips In 60 Minutes

ABA TechShow 2007: Not the Same Old Same Old

2007 ABA TechShow on Lawyer 2 Lawyer (Podcast)

Did you attend TechShow? If so, please share your thoughts. What did you learn?

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Printers are the Rodney Dangerfield of the technology publishing industry — they don't get no respect. In the mid-1990s, I subscribed to Flash, a zine that covered laser printers for hobbyists, but you would be hard pressed to find such a publication nowadays. Printers tend to work more reliably than other equipment once configured so perhaps that explains this void.

Nonetheless, we think printers deserve a publication of their own given their important role in our homes and offices. Fortunately, so does our client, Databazaar, the largest independent online retailer of printer supplies. So Databazaar hired us (our LandingPage agency to be precise) to do exactly that.

Databazaar Blog launched earlier this month. Every day, we cover printers and related topics using a variety of recurring features. For example, Printer News covers new printers for home and office use, PrinTips provides FAQs, how-tos, and other tips, and DoubleSided covers the unusual and esoteric.

Importantly, Databazaar has provided us with editorial independence. The blog is a marketing vehicle only in the sense that it's designed to generate traffic. The best way to do that is with helpful content.

I always hesitate to use the "i" word, but in this case I feel it's warranted. Databazaar Blog features a number of innovations that I have not seen in other blogs. For example, we grouped a create bookmark script, email subscription form, and RSS feed together in a section called Subscription Center, which should enable people to better understand how to "subscribe" to a blog. Perhaps someday every blog will have a subscription center.

As for the content, it's more interesting than you might think. For a sampler, check out these posts:

Savvisoft Draws Up a New Blueprint for Microsoft Outlook

Kodak EASYSHARE 5100 All-in-One Printer: The Holy Grail of Inkjet Printing?

How Can I Share a Printer Connected to My Windows Vista PC?

Seeing the Light: Xerox Invents Self-Erasing Paper

Believe it or not, Databazaar Blog is not the only game in town. Several other printer blogs also exist:

The Ink Blog: A printer blog by another online printer supplies store.

Jim Lyons Observations: A blog by a printer industry consultant.

The HP LaserJet blog by Vince Ferraro: A blog by HP LaserJet's vice president of worldwide marketing.

Please send me your thoughts and suggestions for Databazaar Blog. Also, we would like to publish an article about the oldest printers still in use. If you still use a printer more than 15 years old, please contact us.

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.

Syracuse University law students Eric Spoth, Noah Garber, and Kathryn Herold have created a video entitled "Lawyers in High Profile Cases." Set against Gary Jules' outstanding cover of the Tears for Fears song "Mad World," the video showcases supposedly famous lawyers (and actors playing famous lawyers) addressing the media and in court.

Though an admirable project, the video falls short of its potential because I could not identify most of the lawyers or the cases. The filmmakers should have used subtitles to provide this information. Take a look (click here if you can't see the video below).

(A tip of the blog to Robert Ambrogi's LawSites for pointing me to this video.)

About TechnoEditorials
A TechnoEditorial is the vehicle through which we opine and provide tips of interest to managing partners, law firm administrators, and others in the legal profession. TechnoEditorials appear first in TechnoGuide, and later here in TechnoLawyer Blog. TechnoGuide, which is free, also contains exclusive content. You can subscribe here.