This is funny, I’ve heard Texas really is the wild west for Lawsuits. This pretty much sums up that theory:

Ahh the old cliche’… something about lawyers and lips and lying.

Now… I’ve actually had martini-based business discussions with out of town Texas-based personal injury lawyers before. They were here in Metro Detroit on a “meso” (asbestos caused cancer) case.  They really do think they’re rock stars in a sense.  I saw a little bit of George Bush cowboy in each one of them.  But when they told me how much money they were spending on leads… My jaw dropped.  I told them I was an “internet guy” and thier jaws dropped.  They asked:  “Can you get me to the top of Google?  How much does that cost? I could make you a LOT of money!”

Popularity: 18% [?]

You know, Seth Godin is unique in that his writing makes me feel excited, inspired, hopeful, as well as depressed, amateurish, and boring at the same time. It’s because he’s THAT good. In fact, you know that moment when you read something and say “That’s EXACTLY what I was thinking! Why didn’t I write that…” or better, “I never thought of it that way, but it makes total sense now!” And in that moment, when you’re nodding your head while reading…….That’s what should be called the “Godin Nod.” Which would be defined as:

Godin Nod- Involuntary head movement that denotes a moment of clarity as a direct result of reading anything by Seth Godin.

His latest post is entitled “Nobody Knows Anything“, and in it, he really breaks down the idea of marketing to the most basic level. And it could be a little scary to those of us in the marketing professions!

Rather than throwing in my two cents about his idea that “There are two kinds of marketing analysis, both pretty useless”, I’m telling you: go read his post.

You need to read this.

Popularity: 18% [?]

Are legal blogs advertising? Should they be regulated as advertising?

I don’t think so, but boy do I have a bias!

The Argument: States want to protect their consumers from lawyer advertisements disguised as editorial content.
Well, I can understand that. Just like they regulate the little ads in magazines and newspapers masquerading as actual news stories with the -5 font “Advertisement” disclaimer. I was really thinking about buying some plates from the Franklin Mint once. And another time, I really thought that scientists had made a breakthrough discovery, and that if I bought a copper wristband, it would increase my energy, make me much more intelligent, and seem both warm, witty, and kind to women. But I saw that one little word, and came to my senses.

Okay, I’m being sarcastic. I apologize.

Could blogs be considered advertising? Absolutely. I would be dishonest to try to ignore the fact that the goal of most law blogging, in the end, is acquisition of clients. If the goal in blogging is to establish expertise, it follows that that expertise is going to result in business. If the goal is to get the firm’s name “out there,” the same applies.

But should every blog post be submitted to a disciplinary committee for review? I don’t see how that could happen.

One of the strengths of blogging is that it is immediate. A story breaks, and bloggers are on it. People come to blogs because of their frequently updated content. And authors can post said content because it is so easy and effortless. New rules and regulations would take away the one of the main reasons for the popularity of blogs in the first place.

But another question comes to mind: How do you identify what is advertising and what is not?

On this site, I’ve compiled Ethics Rules on Legal Advertising and Marketing for all 50 states. Looking through them, I have read many rules on where a lawyer or firm may place an advertisement. But I have yet to find a clear definition of what an advertisement is.

One definition I’ve seen is that advertising involves an active quest for clients. But is having a blog an active quest for clients?

Well, if after every post, I put “See how I can help you make more money with your law firm by calling me at 555-555-8785″, I’d see that as an active quest. But what about if I just have an email link somewhere hidden in the depths of my blog? I’d see that as more of a passive quest.

But now I’m getting into semantics. Back to the issue at hand.

One of the appeals of blogging is that (and this is a mantra repeated often) blogging is a conversation. People like blogs because they show a person’s perspective on a subject. While many marketers spend hours creating buzzword-heavy text that is meant to look like editorial content, people just don’t buy it. As the web matures, our BS meters are becoming increasingly well-tuned. And the emergence of splogs makes us even more aware when we’re being duped.

The truth is: if you’re an attorney who is just writing “give us your business” text and passing it off as a blog post, you’re not going to get very far.

So, with that all said, I don’t think legal blogs should be regulated as advertising. Are there some bad apples out there? Of course there are. Are some people going to take advantage of blogs to plug their businesses? Yep. But should we treat anyone who blogs as a potential scam artist? I don’t think that’s the best way to handle it.

Popularity: 9% [?]

I’d really like some opinions on this one.

A client at a law firm is planning their ad placement for the rest of the year. In the past, they have used a “We would like to congratulate attorneys X and Y on being named SuperLawyers….” in their print ads.

Knowing all the buzz about the SuperLawyer situation, my immediate reaction was to stay away from this. It just doesn’t “feel” right.

But the client brought up an interesting point: Maybe it’s just lawyers that know about the SuperLawyer controversy. And since the ads are not targeted to other lawyers, it shouldn’t matter.

Given that short background, I’d like to know: do you think a firm should run an ad touting their recently named “SuperLawyers” in a magazine or paper focused on their target clients?

Popularity: 7% [?]

I like ketchup.

So when I heard that Heinz was offering a promotion allowing people to personalize their own ketchup bottle, I just had to do it.

Law firms often put their name on everyday items. I’ve seen coasters, matchbooks, umbrellas, mousepads, pens, tee shirts, bags and coats just to name a few. But ketchup is a new one.

To me, name recognition by way of ketchup would be very effective…..since I use it so much. Every time I’d open the refrigerator, I’d be reminded of the firm.

And since ketchup isn’t just a one time use item, I’d be reminded multiple times. A law firm name on a coke can? Not very good.

What other everyday items would be good for firms to advertise on?

Popularity: 6% [?]

I just got an email about the 11th Annual Webby Awards, which has a category for Law. From the Webby Category:

Law

Web sites for law firms, legal service providers, pro-bono legal services, litigation support, and self-help legal information. Sites that feature content on legal issues, trials, law and business issues, court decisions or legal advocacy.

From the email I received:

The awards, hailed by the New York Times as “the online equivalent of an Oscar”, officially launched their Call For Entries last week. Justice Learning took home the top prize at the 10^th Annual Webby Awards, while sites from Court TV, Jurist, and FindLaw were among the nominees.

If your firm has a site that you think is Webby-worthy, I would definitely encourage you to enter. While designing your firm’s site with an award in mind is an absolutely awful idea (you’re trying to get clients and make money….not have a pretty site), the converse is also true: If you’ve got a great site that is really working well for you, maybe you deserve an award!

And as any law firm knows, a little bit of nationwide good publicity never hurts.

Popularity: 17% [?]