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Litigation Budget Excel Template Plus 51 More Must-Reads

By Kathryn Hughes | Thursday, July 24, 2014

Coming today to LitigationWorld: Our editorial team has selected and linked to 52 articles from the past two weeks worthy of your attention. Below you'll find a sample article from each section of today's issue, including our LitigationWorld Pick of the Week.

Weird Al's "Word Crimes" (Video)

To Bifurcate or Not to Bifurcate Damages?

Eliminate Paper Exhibits From Depositions

Major Legal Research Overhauls in the Works

Congratulations to Bill Latham of The Hytech Lawyer on winning our LitigationWorld Pick of the Week award: Litigation Budget Excel Spreadsheet Template

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. You'll also receive in-depth litigation product reviews as well as links to the most noteworthy articles in other online litigation publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Business Productivity/Word Processing | Coming Attractions | Legal Research | Litigation/Discovery/Trials | LitigationWorld | Videos

The Pointless Word Versus WordPerfect Debate Plus 57 More Must-Reads

By Kathryn Hughes | Tuesday, June 17, 2014

Coming today to BlawgWorld: Our editorial team has selected and linked to 58 articles from the past week worthy of your attention. Below you'll find a sample article from each section of today's issue, including our BlawgWorld Pick of the Week.

Using Cloud Apps to Onboard Clients Faster

Apple Just Killed Android for Lawyers

How to Hold Your Phone When Shooting Video

Where Have You Gone Peter Norton?

Congratulations to Jeff Bennion of Above The Law on winning our BlawgWorld Pick of the Week award: Why the Word Versus WordPerfect Debate Is Pointless

How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of both legal technology and mainstream technology of interest to the legal profession (e.g., monitors, smartphones, scanners, the iPad, and more). But not the only coverage. BlawgWorld enables you to stay on top of all the noteworthy legal and mainstream technology articles (and podcasts and videos) published elsewhere without having to hire a research assistant. Even when you're busy, you won't want to miss each issue's Pick of the Week. Please subscribe now.

Topics: BlawgWorld Newsletter | Business Productivity/Word Processing | Coming Attractions | Laptops/Smartphones/Tablets | Technology Industry/Legal Profession | Videos

Top Five Signs Your Practice Area Is Doomed Plus 70 More Must-Reads

By Kathryn Hughes | Friday, March 28, 2014

Coming today to SmallLaw: Our editorial team has selected and linked to 71 articles from the past week worthy of your attention. Below you'll find a sample article from each section of today's issue, including our SmallLaw Pick of the Week.

Top Five Reasons for Merger Mania

Best and Worst Practices for Client Surveys

IP Lawyer Annotates His Rap Marketing Video

Listicles and Your Law Practice

Congratulations to Lee Rosen of Divorce Discourse on winning our SmallLaw Pick of the Week award: Top Five Signs Your Practice Area Is Doomed

How to Receive SmallLaw
Small law firm, big dreams. Written by successful small-firm founders, managing partners, administrators, and legal technology and practice management experts, SmallLaw provides practical advice on management, marketing, and technology issues in solo practices and small law firms. Additionally, SmallLaw features comprehensive reviews of legal products with accompanying TechnoScore ratings. SmallLaw also ensures that you won't miss anything published elsewhere by linking to helpful articles, podcasts, and videos about solo practices and small law firms. Please subscribe now.

Topics: Coming Attractions | Law Firm Marketing/Publications/Web Sites | Law Office Management | SmallLaw | Transactional Practice Areas | Videos

The YouLaw Team Brings You a Special Law Firm Video Review Plus the Four Types of Email Users

By Kathryn Hughes | Friday, December 21, 2012

Originally published in the April 13, 2012 issue of SmallLaw: Lights. Camera. SmallLaw! In this special issue of SmallLaw, lawyer and law firm video producer Gerry Oginski of the Lawyer's Video Studio reviews a video created by Kelly Chang Rickert, a fellow member of the SmallLaw video review team. As Kelly wrote to us a few weeks ago, "I will volunteer to go on the critic's table." Before you get to Gerry's review, TechnoLawyer publisher Neil Squillante provides some context for those of you new to our law firm video reviews, and Kelly discusses the making of her video, including its cost and goals. Also, don't miss the SmallLaw Pick of the Week for a guide to the four types of email users and tips for each of them.

How to Receive SmallLaw
Small firm, big dreams. Written by practicing lawyers who manage successful small firms and legal technology and practice management experts who have achieved rock star status, SmallLaw provides practical advice on management, marketing, and technology issues in small law firms, as well as comprehensive legal product reviews with accompanying TechnoScore ratings. SmallLaw also links to helpful articles in other publications about solo practices and small law firms. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Law Firm Marketing/Publications/Web Sites | SmallLaw | Videos | YouLaw

SmallLaw: YouLaw: Houston, We Have a Problem With This Law Firm Video

By Gerry Oginski | Thursday, October 6, 2011

Originally published on August 2, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

Watch the Video

TechnoScore: 1.5
1 = Lowest Possible Score; 5 = Highest Possible Score

The first problem I noticed with this video by Houston employment law firm Oberti Sullivan was the "poster frame" (aka "splash image" or "video thumbnail"). This online video term of art refers to the static image that YouTube displays before you click play and in search results.

Professional online video producers often use a specially-created poster frame that isn't even in the video), but YouTube grabs a frame from the middle of the video unless you instruct YouTube to use a different frame. The poster frame image in this video is odd. It shows two heads positioned in the bottom half of the photo — you cannot see or distinguish their facial features.

The headline — Houston Employment Lawyer Discuss The Top 10 Texas Employer Mistakes — grabbed my attention, but I knew immediately from the poster frame on the YouTube search results page that this video likely had significant problems. I clicked play. Unfortunately, my premonition was right.

The video starts with a lively animated graphic introduction that transitions to a URL and then an abruptly stops. "Huh? That's weird." I thought.

Next, you see two lawyers wearing suits sitting next to each other. Their heads are floating in the bottom half of the frame. They are not centered or illuminated. The upper half of the room and the background takes up most of the video frame. It's bizarre. No one bothered to see what the video looked like before uploading it to YouTube.

I was also shocked by the video's length — nearly 15 minutes! Argh. That's a deal breaker. No way was I going to sit through a 15 minute video, even if I lived in Houston and had legal questions about employment law.

You can tell that the attorneys are using a Webcam. Video quality is poor. Nor are they using any supplemental lighting. Another bad move since no one can see their faces. Nor are they using an external microphone, which means their audio is low and muffled.

On the plus side, they know their stuff. They provide useful information that potential clients would find helpful. However, the poor technical execution of the video undermines their legal expertise.

Five Tips to Improve This Video

1. Use a real video camera. Not a webcam or Flip camera or a Kodak Zi8 or Zi10. A real, honest to goodness camcorder. It need not be expensive. Any camcorder will shoot video that is exponentially better than that shot by a webcam.

2. Use a wireless microphone. In this case, you would need two microphones connected to a balancer so the sound is even. Otherwise, one mic may be stronger/louder than the other. If your resources are limited, buy a wired microphone from Radio Shack and hand the microphone back and forth every time you want to speak. That will get you better audio than the built in mic on a computer.

3. Use external lights. You cannot use your fluorescent overhead office lights. They cast awful shadows on your face. If your viewers can't see you, you're just wasting your time.

4. Make sure you are properly framed and that your faces are toward the top of the camera frame. If your face is in the middle of the frame, you've done it wrong. Move the camera down more to fill the frame.

5. Why a 15 minute video? That's just painful. The only time someone might watch a 15 minute video from a lawyer is when (1) it's entertaining, (2) the quality of the video is outstanding, and (3) it's extremely relevant to their legal problem. This hat trick is very difficult if not impossible to pull off. Keep in mind that a network sitcom costing millions of dollars per episode to produce runs about 22 minutes when you exclude the commercials. Instead of creating a long video, break the content up into bite-sized chunks no more than 2-3 minutes long. That's the typical attention span for the majority of online viewers. The two lawyers here could have created 10 videos with much more search engine visibility.

Till next time, see you on video!

The Back Bench

TechnoLawyer publisher and online video producer Neil Squillante says: "This video is so bad I don't know where to start. The fact that the framed Longhorns T-shirt is more prominently featured than the two lawyers? The terrible lighting that makes the two lawyers look like they're in a cheap knockoff of a Caravaggio painting? The sheer audacity of the 14 minute running length? What was Oberti Sullivan thinking?"

Written by Gerry Oginski of The Lawyers' Video Studio.

How to Receive SmallLaw
Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Law Firm Marketing/Publications/Web Sites | SmallLaw | Videos | YouLaw

WiFi Hotspot Security Tips Plus 123 More Must-Reads

By Kathryn Hughes | Monday, October 3, 2011

Coming today to BlawgWorld: Our editorial team has selected and linked to 99 articles from the past week worthy of your attention, including our Post of the Week. Here's a sample:

The Challenges Faced by Legal Technology Part 1

iPad 2 v. Kindle Fire (Infographic)

The Nine Most Common Types of Alternative Fees

Seven Reasons Not to Use Video to Market Your Law Firm

This issue also contains links to every article in the September/October 2011 issue of Law Technology News. Don't miss this issue or future issues.

How to Receive BlawgWorld
Our newsletters provide the most comprehensive coverage of legal technology, practice management, and law firm marketing, but not the only coverage. To stay on top of all the noteworthy articles published in blogs and other online publications you could either hire a research assistant or simply subscribe to BlawgWorld. The BlawgWorld newsletter has received rave reviews and is free. Please subscribe now.

Topics: Accounting/Billing/Time Capture | BlawgWorld Newsletter | Coming Attractions | Laptops/Smartphones/Tablets | Law Firm Marketing/Publications/Web Sites | Law Office Management | Technology Industry/Legal Profession | Videos

SmallLaw: YouLaw: Family Lawyer Video Fails to Bond With Prospective Clients

By Gerry Oginski | Tuesday, July 19, 2011

Originally published on June 14, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

Watch the Video

TechnoScore: 1.5
1 = Lowest Possible Score; 5 = Highest Possible Score

It's all about Me! Family law lawyer Sheryl Moore has created a technically beautiful video. Nice background music, fast pace, good lighting and audio all packaged in just under one minute. She even uses some black and white images as B-roll footage.

The problem?

She continually refers to herself or her firm. Some examples:

"I'm a small law firm."
"I give small law firm service."
"I give big law firm results."
"I practice …."
"I focus mainly …."
"I believe that I'm a zealous …."
"I'm also compassionate."
"I'm very involved in …."
"I sit on the CLE committee …."
"I think it's very important that …."

Tip #1: Nobody Cares About You

I've said this for years. Stop talking about "Me." Really. Nobody besides your family and close friends care about you.

So why would you spend your time and resources telling people you don't know all about you, your philosophy, your approach to practicing law, and how you represent your clients? How does that differentiate you from your colleagues and competitors?

Assume for a moment that a good friend of yours from law school has similar credentials and experience, and that you both compete with each other (on a friendly basis).

If a prospective client were to come into your office and ask how you differ from your good friend whom they are also considering hiring, would this video would provide them with an answer?

The inherent problem with this style of video is that it fails to take into account the typical person searching for a family law lawyer in Florida. It fails to understand what these people seek.

Tip #2: Message Before Method

The most important component of a video is not the production values, although clearly that's important. Instead, it's the content contained within your message. If you have the wrong message, no one will watch your video.

Successful videos have four critical components:

1. People must find your video when searching for the type of law you practice. Understanding how to optimize your video so that people can find it either on Google or YouTube is vital.

2. You must write a compelling title for your video. What is compelling about a title with the name of an attorney and the geographic area and type of law they practice? Not much.

3. Your video must be engaging and interesting. If your video is boring, few will watch it and nobody will watch it till the end.

4. You must have a call to action. What is the purpose of creating a video? To persuade a prospective client to contact you. It's not for recognition, or to win an advertising award, or to promote yourself. It's to get more clients. What action you want the viewer to take next?

Tip #3: People Want Information

People who need a lawyer want to better understand their problem. They want answers. They want to find someone who can help them.

The problem for us as lawyers is that we cannot create an attorney-client relationship with the people who watch our videos. Nor can we dispense legal advice in a video. We do not want a viewer to rely on information in our video since they may apply it incorrectly or may not understand how and when it applies. Alternatively, the content we provide may be outdated by the time someone watches our video.

"If I can't talk about the law and I can't talk about myself, what can I talk about?" That's what every lawyer asks me. You need to change your perspective from "Me, me, me" to "You, you, you." Then you'll better understand what to discuss in your videos.

Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "Ms. Moore tripped up her most important line — "I give big law firm results" — she actually stuttered over it, but had no problem talking about herself as a "small law firm." Okay, I will be blunt. I found her presentation to be monotone and boring. There is absolutely nothing worse than a boring talking head, except a boring talking head talking about her family law firm. The music was also distasteful and boring. And the video marketed Findlaw more than it did her firm. Sorry, but it's a pass for me."

TechnoLawyer publisher and online video producer Neil Squillante says: "Sheryl Moore's video lacks compelling content, and contains a bunch of platitudes. Nonetheless, it may work for her. Why? Moore's video is extremely well-produced, while Moore herself is articulate, attractive, and well-dressed. Polish and poise matter in marketing — especially in video marketing."

Written by Gerry Oginski of The Lawyers' Video Studio.

How to Receive SmallLaw
Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Law Firm Marketing/Publications/Web Sites | SmallLaw | Videos | YouLaw

SmallLaw: YouLaw: Downriver Divorce Lawyer Long on Slogans, Short on Substance

By Gerry Oginski | Thursday, June 2, 2011

Originally published on May 2, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

Watch the Video

TechnoScore: 1.0
1 = Lowest Possible Score; 5 = Highest Possible Score

Wayne County, Michigan lawyer Gene Ferguson refers to himself as "your Downriver divorce attorney" (Downriver is a colloquial name for Wayne County). In this video, Ferguson mimics many other lawyers on YouTube (and TV) by standing in front of a well-worn legal bookcase. Why do lawyers think that bookcases give them greater credibility? They don't.

Also, Ferguson makes a promise we see in many lawyer TV commercials — "I promise to get you all that you are entitled to." This phrase is troubling for two reasons: (1) Lawyers should not make any promises in a video, and (2) If the client is not entitled to anything, then Ferguson is promising to get the client nothing in exchange for a fee.

Throughout the 1:20 video Ferguson repeats the slogan "Your Children, Your Divorce" as if it's meaningful. I understand the purpose of repetition when speaking, but I fail to see how such a slogan will help define him in a way that showcases his expertise.

Ferguson also uses a logo that appears to be either a crest or a seal at the beginning and end of his video. The crest appears to be a mix of a Cadillac seal combined with some sort of state agency emblem. It has three words on the bottom — "Dedicated, Devoted, Determined." How does this logo help Ferguson stand out from the crowd?

Tip #1: Skip the Promises, Slogan, and Logo — Focus on Content

Ferguson's video would have been much more powerful if he actually discussed how to protect children in a divorce case. His slogan and logo don't help viewers answer the basic question: "Why should I hire you for my divorce?"

If a someone is choosing between you and countless other lawyers, don't blow your opportunity to have that person contact you by failing to provide meaningful content in your video.

Tip #2: Learn Video Technique or Hire a Video Company to Shoot Your Video

The camera angle is slightly lower than Ferguson, giving the appearance that he is looking down at you. That's not ideal. The color needs to be corrected and I'm not sure whether he set his white balance before starting his camera. The sound could be improved, and it does not appear he is using a wireless or even wired lapel microphone. On the second run through the video, I noticed he was reading part of his message.

Your video technique should be entirely transparent if done correctly. Viewers should be focused only on the message. When your technique is not technically proficient, the message gets lost and your viewer gets sidetracked, often never to return.

Shooting video in your office is not as easy as some people make it out to be. The technical requirements can be substantial. Poor technique can ruin your video. Your goal of creating video is to educate. By educating prospects, you give them useful content and information that will set you apart from your competitors.

If you have the time, desire and inclination to learn how to shoot video in a professional, high-quality manner, I applaud you. However, most attorneys simply want to practice law and leave the technical stuff to people who have significant experience creating attorney video.

Tip #3: Know Your SEO

Ferguson lists 39 keywords on YouTube below his video — way more than YouTube recommends. Overuse of keywords can hurt your video instead of help. It appears that Ferguson has tried to identify every town in Downriver. I understand the importance of targeting a video to a geographic location, but using 39 keywords is not the way to accomplish that objective.

Conclusion

In a compelling video, your video technique must be seamless and transparent, and you must provide interesting content that your viewer wants and needs to hear. Before pressing the record button, ask yourself "Does my ideal client need the information I'm about to give them?" If not, rewrite your script and ask the question again before pressing the record button.

Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "Mr. Ferguson does a great job emphasizing his specialty by inserting the phrase "Your Divorce. Your Children" throughout his soliloquy. Though a little frilly, I thought he had great stage presence, and I would probably hire him by seeing this video. Quick tip: The floating words at the bottom are kinda random — and a bit distracting. It takes away from his stage presence. I would probably leave them out. But he did a great job — I will remember him as the "Your Divorce, Your Children" guy — so his marketing video worked."

TechnoLawyer publisher and online video producer Neil Squillante says: "Advertising should convey a simple message. Repetition is also important. But Gene Ferguson takes this advice a little too far. His message is too simplistic and too repetitive. All the same, overly simplistic is better than overly complex."

Written by Gerry Oginski of The Lawyers' Video Studio.

How to Receive SmallLaw
Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Law Firm Marketing/Publications/Web Sites | Videos | YouLaw

SmallLaw: YouLaw: The Law Firm That Can Do It All

By Gerry Oginski | Thursday, May 5, 2011

Originally published on April 5, 2011 in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

Watch the Video

TechnoScore: 2.0
1 = Lowest Possible Score; 5 = Highest Possible Score

Attorney Steven Jesser starts by referring to himself in the third person. He then proceeds to list every type of legal issue his law firm handles. The list is endless. Not only that, but he's personally licensed in 10 different states. He's also available for consultation every day and on weekends.

Here's a partial list of the types of clients he helps and practice areas he handles: physicians, dentists, nurses, clinics, small to large business, health law and insurance litigation problems, health care contracting, business contracting, litigation, civil and criminal appellate practice, governmental and prosecution practice, major law firm practice, corporate practice, etc. He's also a court certified mediator in four state and federal courts. I couldn't type fast enough to list every single practice area he handles.

Production-wise, the video is not in focus. It is uploaded in the lowest possible setting (240p), which means the quality of the video itself is not ideal, especially when the standard today is high definition video (720p). The lighting is poor and the background is dark.

On the positive side, Jesser smiles and appears friendly. He dresses well and he certainly can tick off all the legal practice areas he handles.

In my opinion, the video tries to accomplish too many things. It tries to appeal to people who might fit into one of many and varied categories his law firm handles. I can't see a person in need of legal services sitting through a lengthy litany of practice areas hoping that the lawyer will mention their particular problem area.

It's almost like being stuck in voice jail where you have to listen to the automated robotron tell you about your 10 choices before you're allowed to press "0" for the operator.

In the description box, he lists six different phone numbers along with his other contact information. He also loads up on keywords (over 30).

Tip #1: Narrow Your Focus

Someone searching for a lawyer who handles a specific problem will not find you if you use a scattershot approach and claim to handle everything under the sun. If you identify one or two areas in which you practice, you stand a much better chance of someone finding you.

As internet marketing guru Frank Kern says, "Nichefy" to stand out.

Tip #2: Use a High-Definition Video Camera

Virtually all video cameras nowadays use hi-definition video. That means you get a 16x9 rectangular aspect ratio and you can shoot in 720p or 1080p. These settings are remarkably superior to anything you'd get shooting with standard definition video at 240p or 480p.

Even the Flip camera, Kodak Zi8, and iPhone 4 shoot in hi-def.

Tip #3: Educate the Consumer

Before ever shooting video, ask yourself why you're creating the video? Is it a sales pitch? Are you going to push your credentials? Are you going to give your online viewer information they need to know? If you cannot answer this question immediately, you have a problem and need to figure out why before ever pressing "Record."

A video that talks about your law firm does nothing to educate their potential clients. You lose the opportunity to educate. Other than telling people what areas of law you practice in, how has Attorney Jesser's video helped a potential client who has a legal problem and is now in search and compare mode?

Consumers and potential clients go online because they need a lawyer and don't know any. They are searching and comparing Web sites and videos to see which law firm is right for them. The lawyers who educate will rule the day. Why? Simple. Online shoppers are sophisticated. They want information. Give them what they want. Just make sure you don't give them legal advice.

How can this Jesser improve his video? Simple. Create several videos and focus on one practice area per video. "Nichefy" to get noticed.

Till next time, see you on video!

The Back Bench

Certified Family Law Specialist and online video producer Kelly Chang Rickert says: "This video needs a lot of help. It is filmed in a minimalist manner — white wall, second-hand microphone. There is absolutely nothing that stands out about Mr. Jesser or his firm. There is no information on the video — so clients cannot reach out to him if they find him on YouTube. Here are the absolute three rules of a good video: (1) Captivate, (2) Inform, and (3) Close the Deal. Number 3 is very hard to do in video setting. Mr. Jesser flunks all three."

TechnoLawyer publisher and online video producer Neil Squillante says: "Steven Jesser lists about a zillion or so different legal issues that his law firm can handle — so many that I can't recall any of them by the end of the video. Steven, buddy, you need to focus — and don't refer to yourself in the third person."

Written by Gerry Oginski of The Lawyers' Video Studio.

How to Receive SmallLaw
Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Law Firm Marketing/Publications/Web Sites | SmallLaw | Videos | YouLaw

SmallLaw: YouLaw: Will the Real Mississippi Lawyer Please Stand Up?

By Gerry Oginski | Friday, April 1, 2011

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.

Watch the Video

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.

How to Receive SmallLaw
Small firm, big dreams. Published first via email newsletter and later here on our blog, SmallLaw provides you with a mix of practical advice that you can use today, and insight about what it will take for small law firms like yours to thrive in the future. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Law Firm Marketing/Publications/Web Sites | SmallLaw | Videos | YouLaw
 
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