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Behind the Curve: A Case Study - Social
Media & Canadian Lawyers #LegalSocial
Lyn Whitham/ Syracuse University/ PRL 600
August 14, 2013
#LegalSocial
“Maybe I am nuts, but I look at lawyers questioning the value of social media as akin to lawyers in years past questioning the value of fax machines, email, and cell phones”
- Kevin O’Keefe, Why Social Media for Lawyers is Not Going Away (LexBlog, Posted May 14, 2013)
http://kevin.lexblog.com/2013/05/14/why-social-media-is-not-going-away-for-lawyers/
#Legal Social
Introduction
Background
Research Questions
Literature Review
Industry Thought Leader Interviews
A New World for Lawyers
Case Study
Best Practices
What’s Next
Postscript
Introduction Lawyers not known as
early adopters
Introduction
o Lawyers: Traditional, skeptical, worried about privacy, attorney client privilege, regulation, competition and loss of control
o Case Study / Canadian Law Firm
o How some Cdn firm & US firms
are leveraging Social Media
o Why Cdn Law Firms are lagging
Background
Focus on one Canadian Law Firm’s social media marketing activity
Medium sized firm with area of specialization
Condition of interview is anonymity so no competitor advantage
Best Practices & Challenges
Comparison to other Cdn firms
US Firms’ Best Practices
Research Questions
1. How are Canadian law firms using social media to market their services?
2. What are the barriers to adoption of social media by Canadian law firms and lawyers. How can those barriers be overcome?
Google Alerts #LegalSocial
• Law and Social Media
• Lawyers and Social Media
• Legal Social
• Social Media and Law Firms
Literature ReviewResearch was sourced on social media and in traditional publications . The theories used are:
Diffusion of Innovation (Everett Rogers, 1962)Public Choice Theory ( Duncan Black, 1948)Complexity Theory (Dawn R. Gilpin & Priscilla Murphy, 2010)
Literature Reviewo Diffusion of Innovation
o How, why and how quickly new ideas & technology spread through cultures
o According to Rogers, 4 main elements:
1) Innovation
2) Communication Channels
3) Time (rate of adoption & critical mass)
4) Social System – the group
Literature Review
Diffusion of InnovationRate of Adoption & when Critical Mass is reached
Categories of Adopters:
InnovatorsEarly AdoptersEarly MajorityLate MajorityLaggards
Adoption Rates
Diffusion of Innovation Process
Literature Review
Public Choice TheoryOpinion Leaders are influential in diffusion
Spread positive or negative information about innovation
Elites often not innovators
Innovation introduced by outsiders
Legal community: an elite not known for innovation known for preserving the status quo
Public Choice Theory
Machiavelli’s Perspective
“This lukewarm temper arises partly
from the fear of adversaries who have
the laws on their side, and partly from the
incredulity of mankind, who will never
admit the merit of anything new, until
they have seen it proved by the event” *
* http://www.dr4ward.com/dr4ward/2012/06/what-would-machiavelli-say-is-the-biggest-challenge-facing-digital-and-social-media-quote.html
Literature Review
Complexity TheoryIn today’s environment there is a “turbulent mix of messages and stakeholders”
Convergent environments are complex communication systems… “creating uncertainty, instability, unclear boundaries and non-linear consequences”
Industry Thought Leader Interviews
Dan Buganto, Digital Account
Manager, Edelman Toronto
o Melissa Agnes, Social
Media & Crisis Consultant,
Montreal
Managing Partner/ Canadian Law Firm, Toronto
Social Media Manager, Canadian Law Firm, Toronto
Lawyers & Social MediaThe Legal Community is wrestling with
social media:o Social Media Law
o Copyright, Sweepstakes, DotCom Disclosures Guide provides guidance for online and mobile advertisers*
Rules of EvidenceEmail, Social Media
PrivacyRights: Instagram to sell the content you post, Employers & Social Media, Protecting Intellectual PropertyMarketing
Business Development and Brand
*http://sarafhawkins.com/
A New World For Lawyers
Clara Shih & Lisa Shallet in the Harvard Business Review:
“While participating in social media is not without risk, not participating might prove to be the greater risk — especially to reputations.”*
o Having your Reputation Defined by Otherso Being Invisible and Less Credibleo Being Perceived as Behind the Curve*http://blogs.hbr.org/cs/2013/07/
the_perils_of_being_a_social_media_holdout.html
http://blogs.hbr.org/cs/2013/07/the_perils_of_being_a_social_media_holdout.html
A New World for Lawyers
“Business is in purgatory. It’s out with the old but not yet in with the new. There is lots of experimenting. If you don’t adapt you’ll die!”*
*Melissa Agnes, Social Media & Crisis Consultant
Case Study
Toronto Law Firm’s Social Media Objectives:
o Brand Awareness as a Thought Leader
o Business Development
o Leverage brand attributes – expertise,
warmth, humanity
o Drive traffic to website
o Media Relations
Toronto Law Firm
Key Social Media Tactics & Platforms
BlogsLegal Topics and
Reflections
LinkedInBlog Postings
No content curation
53 Followers
YouTubeProfessional topics
Twitter245 followers
Toronto Law Firm
Best Practices:Key Audiences IdentifiedBrand Positioning EstablishedHigh Quality Video ProductionHigh Quality WebsitePodcasts Blogging
Authentic voices
Toronto Law FirmChallenges:
No social media strategy
Resourcing
Strategic use of Twitter - potential for geo-targeting, live tweeting, followers from key audiences, key influencers, leverage relationships
Content challenges: “Don’t want to appear silly. This is a serious dignified profession.”
Content Challenges: Variety, Speed and Frequency
Believes competitive Advantage lost through Social Media
No Measurement or Analytics
Canadian Law Firms
Some Large Enterprise Law firms on Social Media including Facebook, Twitter, YouTube. LinkedIn
@BLGLaw 2929 Followers
@BlakesLaw 2081 Followers
Torys LLP , internal blog for sharing
successes
Some Smaller Firms Integrating Paid and Ownedo Tenant Law Firm advertising “Ask me Anything on
Twitter” **Dan Buganto, Edelman
Canadian Law Firms
But Most Firms Hesitate*
*http://www.thecounselnetwork.com/uploads/LWSocialMediaandLawFirmsinCanada121026.pdf
Social Media Use is Skyrocketing
A 2013 Pew U.S. Research Study
growth occurred in every age group, the biggest increases were found among older adults:
43% of Internet users over the age of 65 reported using social networking sites as of May 2013, a big jump from 32% at the end of 2012
60% of Internet users aged 50-64 used social networks as of May 2013, up from 52% in December 2012
78% of Internet users aged 30-49 use social networking sites’
89% of Internet users aged 18-29 use social networking sites
*http://www.natlawreview.com/article/adult-use-social-media-all-time-high
U.S. Law Firms
A 2012 survey of US lawyers and legal marketers by ALM Legal Intelligence reveals the shift to Social Media Marketing:*
• Nearly 50 percent of firms report that blogging and social networking had helped produce leads for new clients.
• Around 40 percent said those same efforts had actually helped them land new work.
• More than half of respondents said that their firms plan to increase their budget for social media initiatives.
• Just over 20 percent said their firms already have a full-time social media specialist on staff.
* AbovetheLaw.com by Brian Dalton, posted August 6,2013
Why Social Media for Lawyers*?
Impacts search results
Controls image online and establishes
expertise
Distributes content
Gives clout and visibility
Build Connections, esp. if competitors not on Social Media
*http://www.natlawreview.com/article/beyond-new-clients-why-social-media-matters-attorneys
Best Practices for Law Firms
Develop a Brand
Develop a social media strategy
Use Social Media to gather
information
Monitor Competition
Integrate Paid Owned & Earned
Measure, Evaluate, Recalibrate
Best Practices for Law Firms
Establish Thought Leadership not direct solicitation
Plan & Increase Post Frequency
Be Strategic:Build Relationships for lead genCreate Key Influencer Strategy
Re-purpose existing content
Write in clear, accessible language
Hire Resources
Social Media Policy & Procedures for the firm
Best Practices for Law Firms
Content!A learning curve for lawyers - don’t need to take a stand*Company blogs & Partner Blogs with authentic voicePosts should be both personal and professional“Posts that do not directly relate to law and your practice still serve a purpose”**Content does not have to violate ethics or privacy
*Dan Butano
**http://nationallawforum.com/2013/08/07/professional-and-personal-aspects-of-law-firm-social-media/
Best Practices for Law Firms
Content!Creative content development such as employee events, social responsibility activity, celebrations, accomplishments, media coverage, current issues, special days, anniversariesLive tweets/posts from
law firm eventsPhotos, videosCurate content
Best Practices for Law Firms
Blending Professional and Personal Posts
“Both types of posts serve a purpose. Professional posts receive a few likes and drive traffic to the firm’s website, while more personal posts spread the brand to far more Social Media users, increasing brand recognition and page visibility”
*http://nationallawforum.com/2013/08/07/professional-and-personal-aspects-of-law-firm-social-media/
Recommended Platforms
YouTube
Blogs
Google+
Research Question 1
How are Canadian law firms using social media to market their services?
o Limited use except for the largest law firms
o Blogs, LinkedIn, YouTube, Twitter in early stages
o Not strategic
o Opportunities for new content approaches
o Late Majority or Laggards with innovation
Research Question #2
What are the barriers to adoption of social media by Canadian law firms and lawyers. o Privacy & Privelgeo Fear & Worries about copyright, new laws,
competitors, fast paced & multiple platform environment (complexity), reputation
o Resourcingo Content Uncertainty
o How can those barriers be overcome?Developing social media strategy (complexity & reputation)
Key Influencers will propel adoption
Professional and personal content development balance
Evolving legal rulings about social media
What’s Next?
Development of ethical standards for social media & client relationships
Increasing # of Cdn firms on social media following US adoption rate of increase (Influencers)
Protocols: i.e. Use of social media by judges – advice now “don’t friend lawyers on social media” & Oklahoma ruling
Social Media & Rules of Evidence
“Changes in legal ethics ultimately driven by changes in technology.” http://www.wassom.com/authentication-of-social-media-evidence-guest-post.html
Postscript
“ It is imperative to have a long term integrated strategy that addresses both the business and legal drivers of every part of an organization, from the board room, to the shareholder, to the executive suite, to marketing, to sales, to Human Resources; to research and development in the form of a customized, written, living, plan that is effective and defensible in order to protect the intellectual property, brand and reputation of one’s business, and that of its clients and/or customers as well”.
Judith Delaney, http://jahmd.wordpress.com/