Seventeenth Blawgiversary of DennisKennedy.Blog

Thanks to legal blog pioneer Dennis Kennedy for the shout out in  his February anniversary post Celebrating the Seventeenth Blawgiversary of DennisKennedy.Blog.

I had a chance to work with Dennis in a series of columns about lawyer marketing for LLRX named The Internet Roundtable. Thanks to the indefatigable Sabrina Pacifici for providing a forum for our efforts.

 

Perform Online Legal Research Without Spending a Dime 

Working on a budget?

ABA Law Practice Today has an article by Judy Davis and Carole Levitt explaining a variety of ways to perform legal research at no cost. This includes:

  1. Casemaker4 and Fastcase7 — Offered through state bar associations. Both include some cite checking.
  1. Google Scholar — Surprising number of cases and articles about law.

Catching Up With Social Media–Twitter

Twitter is one of the main potential tools for lawyers interested in using social media. Many, maybe most lawyers could benefit from Twitter, but not for the reasons most people think. That’s not to say all lawyers are situated to benefit from marketing via Twitter.

Confession: I used to think Twitter was stupid. In my defense, the antics of the best-known Twitter user are enough to give many the same impression.

After learning more about it and tentatively putting a toe into the water, one thing has become clear:

While Twitter definitely has potential, it is not a promising way for most lawyers to promote their practice. I’m aware of only a few exceptions, including Carolyn Elefant, Greg Siskind and Dennis Kennedy. These lawyers have several things in common:

  • All had strong reputations before they began using Twitter.
  • They practice in “promotable” legal specialties (solo and small firm issues for Carolyn, immigration law for Greg and legal technology for Dennis).
  • They had successful blogs before beginning to use Twitter.
  • They have the insights, writing skills and personalities to thrive in this environment.

Lawyers without similar advantages will find that it’s hard to market on Twitter. It’s hard to attract “followers.” Without an audience, speaking is pointless.

The biggest benefit of Twitter that I have found is not “speaking” but “listening.” Learn from others first. Be a follower before you even think about using it as a platform to spread your own ideas.

Determining If Twitter Is Right for You

For years the dominant philosophy of surgical training was known as “See One, Do One, Teach One.” Many doctors are beginning to ask whether this approach is the best for patient safety, but there is a core of wisdom here applicable to lawyers:

  • Step One: Watch other Twitter users.
  • Step Two: Try it yourself. Take baby steps.

After completing steps One and Two, you will be able to decide whether you can “teach,” meaning in this context, use Twitter for marketing.

This approach has many advantages, including: Learning Twitter dynamics by close observation. This will help you decide whether you have the potential to use Twitter for marketing, like Elefant, Siskind and Kennedy, who are all exceptions to the general rule.

How to Get Started

The single best reference Twitter reference I know for lawyers interested in social media is not a website, but on paper:

Jared Correia’s book Twitter in One Hour for Lawyers (ABA 2013). Some technical issues have changed in the seven years since this book was published, but the book’s advice about issues specific to lawyers means it is still a great resource for lawyers.

Suppose you are interested in learning to use Twitter as a source of information, or for marketing. The best place to start is Twitter in One Hour for Lawyers. It gives some advice on getting started and tips on more advanced topics. We’ll look at this book and its lessons more closely in future posts.

Presentation Tip 9: Lightning Talks

Are you tired of speakers who drone on and on? Maybe a compressed format would be right for you. Compressed presentation formats known as lightening talks can provide a welcome alternative.

  • Pecha Kucha (Japanese for “chit chat”) is known as the 20×20 format. Each presenter shows 20 images, each for 20 seconds.
  • Ignite gives each speaker gets 5 minutes and must use 20 slides with each slide advancing automatically after 15 seconds. This forces speakers to get the point quickly. 

These formats are constraining but so the rules for sonnets. Lightening talks may be just right for your next conference.

Any of these formats require more preparation than a conventional speech. Olivia Mitchell has some advice on preparing an Ignite presentation.

Lawyer Use of Social Media

This page is our anchor for content concerning lawyer use of social media. We’ll be covering the use of LinkedIn, Twitter, Facebook and blogs as well as related Legal Ethics issues. The latest updates are available at our blog‘s’s Social Media category.

We’ll be begin by taking a look at the best available reference for lawyer use of social media in general:

Googling the phrase “social media for lawyers” will bring up a variety of online publications addressing this topic, but a 10 year old book may make a better starting point: Social Media for Lawyers The Next Frontier, by Carolyn Elefant and Nicole Black.

Lots of things have changed over the past 10 years, but their explanation of why all lawyers need to understand the basics of social media and some could benefit by using it has yet to be topped.

While parts of it are outdated, this book remains a great starting point for lawyers trying to catch up with social media and how it affects their legal practices.

Carolyn Elefant’s Solo & Small Law Firm Guide to Surviving in a Time of COVID

Carolyn Elefant’s Covid guide for solo and small law firms is up to her usual high quality:

Solo & Small Law Firm Guide to Surviving in a Time of COVID

Presentation Tip 9: Benefits of Using Question Forms

One of my favorite presentation techniques is using forms for audience members to ask questions. Left to my own devices, I would never have realized the value of this technique, but having seen it used very effectively in several CLE programs I did for the Pennsylvania Bar Institute, I became a believer. I now use the technique for the reasons PBI used it, and have found multiple other benefits. A sample question form appears at left.

The PBI programs I did drew large audiences, many of whom were eager to ask questions. PBI staff circulated among the audience collecting the forms and delivered them to the panel moderator. While one panelist was answering a question, the other panelists, led by the moderator, would quickly study other written questions, decide which ones had the most intructional value, who would address them, and prepare their answers.  

 Why Use Forms?

Rambling, disjointed answers are one of the most annoying presentation flaws. The use of question forms facilitates large improvements:

Giving panelists time to think about their answers and decide which panelist(s) could answer most effectively results in enormously more concise and useful answers.

This was only the beginning of the benefits, however. Audience members sometimes use questions not to seek knowledge, but to advance personal agendas. The use of question forms gives the speaker or moderator (if a panel) better control over the situation. If there is not enough time to answer all questions, those questions motivated by personal agendas get the lowest priority.

There are many other benefits to using question forms. It’s more democratic, as the audience members with the most instructive questions may not be the most assertive in getting the moderator’s attention. Experience over a decade using this technique has convinced me that written questions tend to be more thoughtful than spoken questions. 

Especially where I will be teaching similar classes in the future, I find it invaluable to keep a record of the audience’s concerns. The questions frequently stimulate my thinking on the topic, causing me to add modules to future training programs or use the ideas in other ways.  Many of the best ideas I’ve used in writing books and magazine articles were prompted by questions asked during various seminars.

Optional or Mandatory?

Should you answer only questions submitted on written forms? In large groups or where there is heavy audience interest in the topic, this may be the best way.

Post-Presentation Questions

Some speakers might like audience question forms because they enable the speaker to avoid unwelcome subjects. In some situations, this might be appropriate, but it’s not the way I use question forms.  I normally volunteer to take additional questions from the floor as well. I also usually tell the audience that I will distribute answers to all remaining unanswered questions after the conference. I answer all the questions, but in a way that gives me better control. 

Of course, the best way to answer post-conference questions is via a website or blog that you control and want to expose to audiences. This is called “killing two birds with one stone.”

Inspectors General

Many people today are cynical about government, cynical about public service. My attitude is different. Thirty-seven years as a lawyer in the federal civil service have left me with an enduring respect for the people who handle the most difficult jobs, often for much less than they could earn in the private sector. 

During the last 26 years of my civil service legal career work I worked with teams of auditors and criminal investigators in three federal agencies to reduce waste, fraud and abuse in government. This was the best job I ever had. I was pleased when my peers in the Council of Counsels to the Inspectors General (the IG lawyer working group) gave me their career achievement award.

I came to identify with the Inspector General mission of making government more effective. I am available to speak at no charge or serve as a resource for the news media on the following topics:

  • IG relationships with Congress and the Executive Branch. This presentation includes close analysis of constitutional issues involving the effect of Executive Privilege on IG work. This presentation is primarily for IGs, their lawyers and senior staff.
  • IG Access to Information. This presentation includes some discussion of the Executive Privilege constitutional issues mentioned above but is broader in scope, covering situations that don’t involve constitutional issues but may be difficult as a practical matter. This presentation is primarily for IGs, their lawyers and senior staff, including auditors and criminal investigators. This presentation should have some value for most IGs, but it may be particularly useful for smaller Offices of Inspector General without large legal staffs who may benefit from the views of someone with significant practical experience.
  • Liaison between criminal investigators and federal prosecutors. This presentation is primarily for criminal investigators and IG lawyers. Many IGs, their senior staffs and some Assistant United States Attorneys might also find it useful. I have also given this presentation for the Association of Inspectors General, which involved mainly state and local IGs. An article I co-authored on this topic is archived at the IGNet.gov website, or through a direct link from this website. I’m finishing a followup article for the Association of Certified Fraud Examiners now. This is one of my favorite topics because in my experience this is a key area where relatively small changes in approach can provide large benefits to OIGs and Assistant United States Attorneys.

Contact me via LinkedIn for more information.

Presentation Tip 8: How Bad is PowerPoint?

Bashing Powerpoint is nothing new. Yale professor Edward Tufte devoted a pamphlet setting out his gripes. Tufte even cites it as a key factor in the 2003 Columbia Space Shuttle disaster.

Jeff Bezos banned PowerPoint from Amazon meetings.

Peter Norvig’s mocking vision of the Gettysburg Address translated into a slide show is hilarious.

Others believe it “may be the worst business tool ever created.”

These criticisms are close enough to sting, but the truth is more complicated. Strong presenters tend to use Powerpoint effectively. The difference between effective users and the typical poor users is less technical knowledge and more basic presentation skills. If you take slide shows away from poor speakers they will typically be even worse.

We’ll be looking this issue more closely in our Presentation Tips series, but for now, we’ll only make one point:

Powerpoint can be a fantastic tool–if you know how to use it.