Showing posts with label Law Firms. Show all posts
Showing posts with label Law Firms. Show all posts

Wednesday, December 14, 2016

Should Solo and Small Firm Lawyers Blog?

By Gina F. Rubel

Solo and small firm lawyers should blog if they wish to increase their online presence and relevancy. If you need convincing, read Why should lawyers take the time to blog? 

There are several ways for solo and small firm attorneys to blog. One way is to contribute to a relevant public blog once a month and link back to the firm’s website.  Another way is to develop a firm blog and populate it bi-weekly. 

It is also important to understand that there are different types of blogs relevant to your target audience.

Types of blog content for lawyers

Two types of blog content have proven most effective for lawyers: 
  • timely posts about court decisions, legislative rulings, breaking news, etc., and 
  • evergreen blog topics that are general and can be posted at any time and still be relevant to your target audience. 
Both types of posts are important for effective relationship development and legal marketing. 

Breaking news blogs

If you are going to blog about topics that are current, you must write the posts and publish them in a timely manner. If you’re discussing a Supreme Court decision and how it affects the firm’s target audience, you want to get it written and posted within 24 to 72 hours of the decision (preferably closer to the 24-hour mark). Otherwise, it’s no longer news and will garner less attention. These are the types of topics we refer to in process as “topics that need to be shared ASAP.”

Evergreen blogs

Evergreen topics are vital to your content marketing plan. These usually address issues that you deal with every day, issues that can be discussed in general terms and that don’t change frequently. Think about the questions that your clients ask you regularly (aside from “how much will it cost?”). Your answers make for great evergreen blogs. 

Evergreen blog content can be shared repeatedly over time, generating three and four times the amount of traffic and maximizing your investment in content marketing.

If you plan to develop a firm blog on your own, choose a blog URL and name relevant to your geographic region and/or area of practice. For more tips and instructions, see:How do you set up a free WordPress Blog?




Monday, April 13, 2015

Social Media Policies for Employers, Employees and their Counsel

By Laura Powers

In October, I had the pleasure of speaking at the 2014 Bench-Bar & Annual Conference held by the Philadelphia Bar Association. I was joined by Ryan Gatto, Global Director of Compliance at Sungard Availability Services, and Justin Moriconi, Senior Associate at Segal McCambridge.

During the conference, my fellow speakers and I discussed the importance of putting social media policies in place for businesses and the rationale behind having a designated social media expert (or even more than one).

Here’s what we learned:

There is Power in Social Media

Social media can be wielded as a powerful marketing and business development weapon if properly harnessed. It can be used effectively in regular communication with external audiences such as past, existing or potential clients, customers and employees, the media, government officials and referral sources as well as in crisis communications.

In crisis, for example, many companies used their social profiles, which had followings, to communicate during Hurricane Sandy because they didn't have email service and some did not have phone service, either. Social media has become a primary channel not only for regular outreach, but also for critical communication during a crisis.

For recruiting purposes, social media gives us a look inside the culture and environment of a company. A website can only take this so far; social media allows us to take it further. For example, office parties, office pets, event photos or sponsored 5K races are snapshots into the daily interactions of coworkers and that is so critical to recruiting, especially for younger generations that place a lot of value on a job’s flexibility and life balance.

How to Benefit – Educate Employees

Most employees don’t start their day with the intention to damage the company they work for. They most likely haven’t been properly informed enough to understand the effects of their online behavior because the guidelines and expectations about company-sanctioned behavior have not been correctly communicated. It should be up to the employer how it provides this education.

Clearly, companies shouldn't be taking the “head in the sand” approach to social media. To deal with possible crisis issues, employers need to take the time to develop a thoughtful policy. And since technology often outpaces the law, that policy needs to be reviewed and updated on a regular basis. Once social media policies are created, they should have a proper firm-wide roll-out to management and staff.

How to Manage Your Online Reputation

This is why having a team internally, or externally, like an agency, is critical. I can’t tell you all the things we've found that employees have posted, including a lawyer’s post one day from court that said “Justice is so slow. Wish this judge would hurry up,” and, “Bored to tears in this NJ CLE class.”

A branded platform that does not look like it is abandoned by the company but looks like it is cared for every day will emphasize an employee’s perception that they are being watched and promote conservative use. Consistent branding, messaging and positioning for a company on the platforms that are sanctioned for use also will make a difference.

Marketing & Communications – What’s Necessary and Obvious

In 2013, more than 92 percent of companies reportedly had one staff member for whom “social media” was a requirement according to a Forbes article by contributor Ken Makovsky entitled ‘A Snapshot Of Social Media 2013.’

Of those social media experts, 18 percent report directly to the CEO, indicating that social goals and strategies are gaining traction in the boardroom. There is still discrepancy between the dedication to social and the belief within a company’s leadership that it is actually effective, but measurement and effectiveness is another conversation.

Leadership cannot rely solely on the marketing staff to handle policy management and social media engagement. A social media committee can be set up to monitor and manage everything and hold each other accountable if there is no designated social media expert or if your company is too big for just one expert to handle.

The team setups we see vary based on the culture of the company and its attitude, which also depends on the generational demographics in the company. In open environments, social media is accepted as the norm and everyone can be a brand ambassador and share information online. However, that doesn't lessen the need at all for monitoring and management.

Does your company have a clear social media policy or designated social media expert(s)? Share your experiences or thoughts in the comments section below.

Monday, March 02, 2015

Who is in Your Tribe of Successful Women?

By Gina F. Rubel

I am very fortunate to have met some really amazing women along my life’s journey. Last week, a client sent me an email (in response to me saying thank you for a referral) which said, "Behind every successful woman should be a tribe of women who have her back! I'm in your tribe."

I am grateful!

This got me thinking about the women who are in my proverbial tribe and what makes up a successful women’s tribe. It’s like the old adage, “It takes a village.” Yes, it does. And I certainly would not be successful without the women (and men) who have had my back along the way.

Here is my attempt to say thank you, in a small way, to just some of the successful women who have helped the village that I live in to prosper and grow.

Family: First and foremost are family and roots. If it wasn't for my mother who is there to look out for me every day, there to help my husband and me to do everything that it takes to keep a household running smoothly, I would not be a successful woman. End of story. Thanks, Ma.

Friends: Then there are my friends, both near and far, who I can talk to about anything and everything. I can let my hair down, be the personal me, shed the suit for sweats, shut off the electronics, walk along the beach for hours on end, eat, drink and be merry, in our own special way. To my friends from Pennsylvania to the Jersey Shore, Annapolis to the Bahamas, and L.A. to Leicestershire (you know who you are), I say thank you!

Colleagues: It is true that you spend more time with your office mates than you do most anyone. And I am blessed to be surrounded by amazing and successful women, each in her own right! The ladies of Furia Rubel, Laura Powers, Sarah Larson, Kim Tarasiewicz, Rose Strong and Megan Quinn, and the consultants who support us, are the eyes, ears, backbones and brains that contribute greatly to our success. And to the other ladies who have passed through our doors, whether it was for a three-month internship or for a several-year stay, I am grateful to each of you.

Clients: Behind every successful woman are other women. Yes indeed. And the women that I have the opportunity to work with are absolutely amazing; the best in their respective fields. Thank you, ladies. I am in your tribe! A special shout out to a few of those ladies, clients both past and present, who have made a special difference in my life professionally and personally.


Women’s Network: There are also those professional women you meet along the way, perhaps at a networking function, professional association or board meeting. You know instantly that you are attracted to their energy and enthusiasm for life and success (however they define it). You also know that you want to see them succeed because of their brilliance, attention to detail, expertise, and sheer love of life and love for what they do. There are just too many amazing women for me to name them individually, so here is a list of some of the organizations within which I have met women who have made a major difference in my life:

  • Bucks County Women’s Fund (Now the United Way of Bucks County Women’s Initiative)
  • Central Bucks Chamber of Commerce
  • Legal Marketing Association 
  • Network Now
  • Philadelphia Bar Association
  • Women’s Business Forum of Bucks County

Women Trailblazers: Sacrifice of self and service of others: these are two traits that I have consistently found in women trailblazers. One such gamechanger is Nikki Johnson Huston, Esq., a tax attorney and antipoverty advocate who was once homeless. Nikki speaks to and writes for communities all over the world, sharing her story of survival and her message of hope. Most recently, Nikki launched DONAFY, a location-based micro-philanthropy iPhone app that will allow people to easily locate, notify and donate to nearby nonprofit organizations that service those in need of housing, food, medical care, mental health or job assistance.

In celebration of Women’s History Month (March), reach out to and say thank you to all of the women in your tribe. Let’s make history by honoring one another and remembering that none of us can survive alone. Use the hashtags: #WomensHistoryMonth #Women #LeanIn #ChangeTheRatio

Thursday, July 10, 2014

Developing an App for Your Law Firm

By: Laura Powers
We have been studying the landscape of law firm apps closely this past year. Many firms are reluctant to invest the required time, resources and energy into app development - and with good cause. Most apps developed for law firms are simply an extension of the firm's website. This neither benefits the user, who can access the same information just as easily online, nor the law firm which inevitably will have invested heavily in the app's development and marketing.

The key to building successful apps for the legal industry is in the strategic development of the idea that makes the app useful to the firm's target audience. Firms that are interested in apps need to think critically about what makes an app valuable for users and different from existing apps.

This year, at the Legal Marketing Association’s Annual Conference, I attended a superb presentation by a team from Bracewell & Giuliani. The team described the planning, development, design, integration and marketing of their ShalePlay app, a resource for news and information related to shale gas and hydraulic fracturing. The process took two years of hard work, many hours of critical thinking and in-depth strategic planning, but it has been tremendously successful for the firm as a result.

As I typically do at the presentations I attend, I live-tweeted information from the session. Below, I've distilled some of the main points from these tweets.
  • There are two primary areas of concern in app development. The first is targeting the right market - knowing the audience for the tool. The second is "doing mobile right" - considering that, to app users, mobile means immediacy, simplicity & context.

  • The team from Bracewell & Giuliani recommends that if you're not going to enable push notifications, don't bother with an app at all. You need to ping users in order to keep the app top-of-mind. If you do plan on sending out push notifications through your firm's mobile app, it should be at a frequency of three to five times during the week.

  • The team from Bracewell & Giuliani also recommends that the firm take into serious consideration how the app will fit into the overall brand. In considering what direction to go in the planning phase, start with what the firm knows best. In Bracewell & Giuliani's case, it was their environmental strategies work.

  • When developing an app for a law firm, always start with a content plan. Ask yourselves, what content do we usually generate and what is lacking in the app marketplace?

  • A critical concern for law firm to consider is that apps need to be useful for potential users, fit into the context of each particular firm and provide a unique value.

  • Creating an RFP (request for proposal) for third-party app development is a process that will involve many teams within the firm: marketing, business development, knowledge management, IT and procurement.

  • Careful consideration must be given to content management platforms, graphic design and creating the name of the app.

  • The extra benefits of mobile apps for law firms include the opportunity to reach out to your audience with a useful tool through direct outreach, article writing or speaking publicly on the benefits of using the app.

  • Just like your website, your firm's mobile app is an evolving tool that serves the business – it works to promote the firm to various target audiences.

  • Don't overlook measurement and ROI. By measuring the app's performance, Bracewell & Giuliani can demonstrate how the mobile app has opened doors to new clients and generated beneficial conversations with current clients.

  • Paul Grabowski, from Bracewell & Giuliani, notes that firms must start looking at new ways to distribute information and ShalePlay is a primary example of this.

  • Three key elements of digital marketing to remember: target your market, generate relevant content and stay socially engaged. Launching a law firm app should support all three.
However, there is one caution to keep in mind when evaluating how an app would enhance your law firm's marketing plan. In order for the apps to be successful, people must already know the firms they belong to. In most cases, potential clients must know about a firm before downloading their app. This means that firms need to be reaching out to prospective clients through other marketing techniques first.

Monday, February 04, 2013

New Jersey Bona Fide Office Rule Change Closes Doors - The Legal Intelligencer Blog

As you know, Gina F. Rubel is a regular blogger for The Legal Intelligencer. She often writes about legal marketing and ethics, social media and the law and much more. Last week, Gina shared a post about a recent state Supreme Court amendment to NJ Rule 1:21-1 (Bona Fide Office). Gina shared the following excerpt from the ABA/BNA Lawyers’ Manual on Professional Conduct which highlights the specific revisions to the rule:

"The modifications, which take effect Feb. 1, drop a controversial mandate that required lawyers to maintain a fixed physical office location. However, the amended rule instructs lawyers who don't have a fixed office location to:
  • maintain a system ensuring ‘prompt and reliable communication’ with clients, other attorneys and courts, such as a telephone service staffed during ordinary business hours, or a promptly returned voicemail or email service;
  • be available for in-person consultations requested by clients at mutually convenient times and places;
  • designate an actual location for inspection of files and records, hand deliveries and service of process; and
  • fill out a form appointing the clerk of the New Jersey Supreme Court as agent for service of process.”
Read the full blog post and learn more about the modifications to NJ Rule 1:21-1 by visiting The Legal Intelligencer blog.

Wednesday, January 02, 2013

Damages: Recap from TLI Litigation Summit, Part V - The Legal Intelligencer Blog

In September 2012, Gina F. Rubel attended The Legal Intelligencer's first annual Litigation Summit and captured highlights from various programs shared throughout the event. She recently authored a blog for The Legal titled, "Damages: Recap from TLI Litigation Summit, Part V," which recaps the damages program presented by Frank D. Tinari, the principal economist of the Tinari Economics Group, along with Kristin Kucsma from the same organization; Jane A. North, a partner with Deasey, Mahoney, Valentini & North; and Lawrence R. Cohan, a shareholder with Anapol Schwartz. Read the full blog post and take-aways from the program at Damages: Recap from TLI Litigation Summit, Part V.

Thursday, December 13, 2012

Social Media and the Courts: Recap From TLI Litigation Summit, Part IV – The Legal Intelligencer Blog

Gina F. Rubel recently authored a blog for The Legal Intelligencer titled, “Social Media and the Courts: Recap From TLI Litigation Summit, Part IV.” To provide you with a bit of background, in September 2012, The Legal hosted its first annual Litigation Summit in Philadelphia and Gina co-moderated its lunch program with Mary Platt of Griesing Law. Program panelists included Philadelphia Court of Common Pleas President Judge Pamela P. Dembe; Judge John W. Herron, administrative judge of the court’s Trial Division; and President Judge Marsha H. Neifield of the Philadelphia Municipal Court. Gina's blog is an overview of what the panel discussed – specifically highlighting how social media has affected litigation in the courts. To read the full post, go to The Legal Intelligencer Blog.

Wednesday, November 21, 2012

Law Firm Crisis Planning and Management: Lessons Learned from #Sandy - Lawyernomics Blog


Gina Rubel recently authored a blog for Avvo.com's Lawyernomics blog titled, "Law Firm Crisis Planning and Management: Lessons Learned from #Sandy." The blog explores crisis management for businesses and how Furia Rubel and its law firm colleagues on the East Coast dealt with the aftermath of Hurricane Sandy. Gina discusses crisis planning and management issues such as life without electricity, transportation / travel, social media and crisis messaging. To read the full article, go to Avvo.com's Lawyernomics Blog.

Friday, November 02, 2012

U.S. News & World Report Best Lawyers Survey – To Participate or Not to Participate, That’s the Question

Posted by Leah Ludwig

Every year, legal marketers across the U.S. debate the need and validity of the U.S. News & World Report Best Lawyers Survey. Some firms have decided to boycott it altogether, while others participate and use their inclusion for marketing, public relations and business development value. Last year, my colleague Gina Rubel asked her legal marketing colleagues on a national listserv if they knew of any law firms or in-house counsel that subscribe to Best Lawyers and use the subscription to guide decisions about hiring counsel.

A marketing director in Virginia said that her firm has in fact received business from their listing in Best Lawyers after linking an attorney’s Best Lawyer profile to the firm’s website. She said that within 12 hours, the attorney had received a call from a prospect who had gone to the Best Lawyer site and saw the attorney’s profile. The attorney was hired with a substantial retainer on what turned out to be a multi-million dollar case. This marketer also said that she knows of lawyers in her own firm who have been contacted by other attorneys who search the deep link listings in Best Lawyers to find other Best Lawyers for referrals. Her firm has had several matters referred to it as a result.

On the other hand, there are many legal marketers who do not see value in Best Lawyers and feel that it is an “arbitrary ranking / metric driving poor business decisions.” To read more about this reasoning, visit Larry Bodine’s LawMarketing Blog.

It is understood that responding to any ranking survey is an investment of lawyer and staff time. The benefits certainly need to outweigh the time investment. That said, when an attorney or law firm is ranked, there is a credibility factor that goes along with it. But the ranking in and of itself, is not what is going to benefit the firm. It’s what the firm does with it. For example, issuing a press release, sharing the release on the firm’s website and via social media, updating attorney bios and adding the news to the firm’s newsletter – are all ways to capitalize on such an investment.

This has been a recent topic of discussion with many of our law firm clients and partners – and to reiterate, the choice is ultimately up to each law firm to decide on the value of the opportunity and whether or not their firm plans to strategically capitalize on its investment with supporting promotional efforts.

Wednesday, September 26, 2012

Social Media and Electronic Communication Statistics Lawyers Should Not Ignore – The Legal Intelligencer Blog

In her blog post for The Legal Intelligencer, Gina Rubel discusses how social media and electronic communications are critical legal marketing tools that cannot and should not be overlooked by law firms and lawyers. She also explores statistics and trends about social media tools and electronic communications. To read more, go to the blog post: Social Media and Electronic Communication Statistics Lawyers Should Not Ignore.

Friday, April 13, 2012

RFP Management – Tips from Pros

By Leah Ludwig

A few weeks ago, I attended a Delaware Valley Law Firm Marketing Group program titled, “RFPs: Meet the Experts.” If you play any type of role in your firm’s communications efforts, I’m sure you have dealt with writing and/or answering an RFP (also known as a request for proposal).

Wikipedia describes RFPs in this way: “An RFP is issued at an early stage in a procurement process, where an invitation is presented for suppliers, often through a bidding process, to submit a proposal on a specific commodity or service. The RFP process brings structure to the procurement decision and is meant to allow the risks and benefits to be identified clearly up front.”

Many people dread the RFP process. This was echoed by the extensive panel of law firm marketing professionals including: James T. Austin, director of publications at Pepper Hamilton LLP; Cheryl Disch, senior manager of marketing information systems at Duane Morris LLP; Sharen Nocella, director of marketing at Obermayer Rebmann Maxwell & Hippel LLP; and Katherine L. Rebechi, marketing coordinator at Pepper Hamilton LLP.

The panelists discussed how to evaluate an RFP; how the marketing department can help in the RFP process; elements of a winning RFP response; what to do after the RFP; and some common problems professionals encounter during this process. Some of the helpful tips that I took away from the discussion were as follows:

• Read (really read) an RFP in its entirety before deciding if it is a good fit for your firm.

• The quality of the RFP (meaning the incorporated details, the organization of the document and scope of work, etc.) should help your firm decide if working with that company would be a good fit.

• Learn from past experiences and trust your gut. If the company has issued you various RFPs, all which you have not won and that tend to be won by another firm, take a hint and save yourself some time.

• Do not hesitate to call the company requesting responses and ask questions of the company. The answers to these questions will often provide you with key insight which may help your firm in deciding if you will move forward with providing a response.
- Ask how many other firms were included in the RFP process.
- Ask detailed questions about the scope of the work requested.
- Gauge the tone of the conversation, and the spokesperson’s willingness to provide information, etc.

• Make sure that your firm does not have any conflicts with the company before taking the time to respond.

• Create some sort of template system – index standard RFP question responses.

• Respond to the RFP precisely as requested – follow all guidelines and adhere to criteria.

• If you do not win the RFP process, call the company and ask what your firm could have done better – use this as a learning process.

• Record time spent on RFP responses and RFP success percentages and be ready to share feedback with upper management.

I found the DVLFMG program and the panelists’ feedback to be very helpful and I hope that these take-aways help you streamline your next RFP experience.

Tuesday, October 18, 2011

Breaking: PA Supreme Court To Tweet Rulings

I just heard that the Pennsylvania Supreme Court is going to tweet its rulings. Check out the details provided by the Associated Press for The Legal Intelligencer. The handle to follow is http://twitter.com/#!/SupremeCtofPA

I find this very interesting considering I just presented at the Philadelphia Bar Association Bench Bar Conference on Social Media and Litigation. One of the recommendations I made is that every law firm and judiciary should adopt a social media policy. I was told that the Pennsylvania Supreme Court is looking into just that -- and I was happy to hear it.

In August, the Pennsylvania Supreme Court announced that they will allow the Pennsylvania Cable Network (PCN) to cover oral arguments. In a press release, Chief Justice Castille said, "My colleagues and I are pleased to open our courtroom to PCN’s statewide audience so they can see how our court operates and follow arguments in cases affecting every citizen of Pennsylvania."

How the times have changed.

Thursday, August 04, 2011

Acceptance & Adoption Of Digital Communications

Posted by Leah Ludwig

Gina Rubel was recently published in the Burlington County Bar Association's legal publication - The Straight Word. The article, "Acceptance & Adoption of Digital Communications - It's Not About You," discusses how engaging in social media is all about who you're trying to reach, where they are, and how they wish to be communicated with. And more importantly, it's about great lawyering. That's the biggest mind shift that changes how we have to communicate. To read the full article, go to Acceptance & Adoption of Digital Communications.

Wednesday, August 03, 2011

Integrated Marketing For Law Firms - Free Webinar On Aug. 4, 2011

Posted by Gina Rubel

Join me tomorrow, August 4, 2011, at 1 p.m. EST for a free Avvo webinar titled Integrated Marketing for Law Firms.

Lawyers and legal marketers understand their firm needs a website, a logo and even business cards. Many also understand the benefit of a blog, email newsletters, online profiles and public relations campaigns. But not many lawyers know where to start and how to strategically piece together each marketing initiative so that they support the brand, key messages and ultimately bring in more business. I will discuss how you can put together an effective integrated marketing plan and best practices for ensuring its implementation is a success.

Lawyers who participate in this webinar will learn about: brand identity and message creation; developing a marketing plan to reaching a target audience; and how to integrate each marketing initiative to ultimately bring in more business.

Monday, May 23, 2011

Lawyers and Cloud Computing - ABA Says Beware

Lawyers and law firm administrators take heed. The ABA's Commission on Ethics 20/20 has issued proposed changes to the Model Rules of Professional Conduct regarding the use of Cloud Computing technologies.

According to The Connecticut Law Tribune's article, Attorneys in the Cloud May Get ABA Wake-Up Call With Proposed Rules, by Marie Grady, "Proposed rules would require lawyers to take reasonable steps to stay abreast of the benefits and risks associated with technology used by Dropbox and other popular cloud computing services."

As digital communications continue to infiltrate the practice of law, it is important to remember that the rules regarding how attorneys conduct business remain ever steadfast and confidentiality is at the top of that list.

While Cloud Computing has its own set of risks, so too does storing any information on any computer that has an Internet connection. In today's age of spyware, malware, viruses and hackers, it is critically important that law firms take every step necessary to secure and backup client information - don't get stuck with your head in the clouds.

Saturday, January 01, 2011

Gina Rubel Contributes to JD Supra Legal Blog

Our friends at JD Supra reached out to a collection of legal professionals to pull together a year-end blog post around two questions:


1. What surprised you in 2010?
2. What should lawyers expect to see in the new year?


Gina Rubel, Esq. President/CEO of Furia Rubel Communications weighed in with her thoughts below.

1. I still find it surprising that many law firms in the U.S. are either 1) blocking social media and/or 2) do not have social media policies in place. In the age of digital communications, it is important for law firms to understand how to harness the power of social media for networking, business development, public relations and marketing while still understanding the ethical and legal implications. Social media impacts the practice of law, legal matters and litigation at almost every level. From employment matters to communicating with witnesses,
 and discovery to juries, providing the proper rules and tools for lawyers will make their social media experiences more fruitful.

2. I predict that social media is going to continue to play a substantial role in how law firms conduct business. Law firms will more readily adopt social media policies for their firms, will educate clients on how to use and not use social media, be more proactive in monitoring the use of social media by their staff and clients, and engage in the online dialogue that dramatically affects their marketing and public relations efforts.

Tuesday, November 30, 2010

Court Rules Social Media Sites Discoverable

I thought you might find this court opinion of interest. It is from the Court of Common Pleas in Jefferson County, PA, and seems to be the trend regarding discovery of social networking sites.

In McMillen v. Hummingbird Speedway, the court allows the defendant to gain access to the plaintiff’s Facebook and MySpace social networking sites during discovery concluding that “Where there is an indication that a person’s social network sites contain information relevant to the prosecution or defense of a lawsuit, therefore, and given Koken’s admonition that the courts should allow litigants to utilize “all rational means for ascertaining the truth,” 911 A.2d at 1027, and the law’s general dispreference for the allowance of privileges, access to those sites should be freely granted.”

A link to the opinion is included below along with some of the key language from the opinion.

http://www.padisciplinaryboard.org/documents/McMillen-v-Hummingbird-Speedway.pdf

Facebook, MySpace, and their ilk are social network computer sites people utilize to connect with friends and meet new people. That is, in fact, their purpose, and they do not bill themselves as anything else. Thus, while it is conceivable that a person could use them as forums to divulge and seek advice on personal and private matters, it would be unrealistic to expect that such disclosures would be considered confidential.

Both sites at issue here do guarantee a modicum of privacy insofar as users may, with the exception of certain basic information, choose what information and posts to make public and which ones to share with only those persons they have identified as friends. Yet reading their terms and privacy policies should dispel any notion that information one chooses to share, even if only with one friend, will not be disclosed to anybody else.

....

Returning to the four factors identified in Matter of Adoption of Embick, it is clear that no person choosing MySpace or Facebook as a communications forum could reasonably expect that his communications would remain confidential, as both sites clearly express the possibility of disclosure. Confidentiality is not essential to maintain the relationships between and among social network users, either. The relationships to be fostered through those media are basic friendships, not attorney-client, physician-patient, or psychologist-patient types of relationships, and while one may expect that his or her friend will hold certain information in confidence, the maintenance of one’s friendships typically does not depend on confidentiality.

The Court cannot say, therefore, that the community seeks to sedulously foster friendships by recognizing friend-to-friend communications as confidential or privileged. No such privilege currently exists. Friendships nonetheless abound and flourish, because whereas it is necessary to guarantee people that their attorneys, physicians, and psychologists will not disseminate the substance of their discussions in order to encourage the type and level of disclosure essential to those professional relationships, history shows that the same guarantee is not necessary to encourage the development of friendships.

Furthermore, whatever relational harm may be realized by social network computer site users is undoubtedly outweighed by the benefit of correctly disposing of litigation. As a general matter, a user knows that even if he attempts to communicate privately, his posts may be shared with strangers as a result of his friends’ selected privacy settings. The Court thus sees little or no detriment to allowing that other strangers, i.e., litigants, may become privy to those communications through discovery.

The countervailing benefits, moreover, cannot be overstated. Take this case, for instance. McMillen has alleged significant and substantial injuries, some of which he claims may be permanent. Accessing only the public portion of his Facebook page, however, the defendants have discovered posts they contend show that McMillen has exaggerated his injuries. Certainly a lack of injury and inability is relevant to their defense, and it is reasonable to assume that McMillen may have made additional observations about his travels and activities in private posts not currently available to the defendants. If they do exist, gaining access to them could help to prove either the truth or falsity of McMillen’s alleged claims.

The same may be true in any number of cases. Millions of people join Facebook, MySpace, and other social network sites, and as various news accounts have attested, more than a few use those sites indiscreetly. See e.g., The Independent, Facebook can ruin your life. And so can MySpace, Bebo . . ., http://www.independent.co.uk/life-style/gadgets-and-tech/news/facebook-can-ruin-your-life-and-so-can-myspace-bebo-780521.html (02/10/2008) (Discussing some of the potential social, career, and legal ramifications of inappropriate social computer networking). When they do and their indiscretions are pertinent to issues raised in a lawsuit in which they have been named,the search for truth should prevail to bright to light relevant information that may not otherwise have been known.

Where there is an indication that a person’s social network sites contain information relevant to the prosecution or defense of a lawsuit, therefore, and given Koken’s admonition that the courts should allow litigants to utilize “all rational means for ascertaining the truth,” 911 A.2d at 1027, and the law’s general dispreference for the allowance of privileges, access to those sites should be freely granted.

Friday, September 17, 2010

Technola 2010 Pro Bono Celebration Blog Challenge

Posted by Amanda Walsh

Kate Bladow over at Technola.la posed a challenge to bloggers everywhere last week; to post one blog post between October 24 and October 30 in honor of the 2010 National Pro Bono Celebration. The week- long celebration is sponsored by the ABA Standing Committee on Pro Bono and Public Service. Last year, the celebration was a success but as Bladow notes, "only a few bloggers published posts to recognize the lawyers and paralegals who provide free legal services to those who can't afford to pay."

To participate, write a post about what pro bono means to you. You don't need to be a lawyer, but lawyers are certainly encouraged to participate. You could be a client, for example, who received pro bono services or you could comment on what you admire about a legal colleague for their dedication to pro bono work. The options are endless! Bladow does a wonderful job of giving some ideas to help get you started. Check out her challenge here.

We'll also be participating over here at ThePRLawyer!

Wednesday, September 15, 2010

Call for Blawg 100 Amici Top Law Blog Nominations

Posted by Amanda Walsh

Are you a frequent PR Lawyer blog reader? Do you find the entries that we post are helpful and relevant for you and your business?

The American Bar Association Journal & Blawg 100 Amici are looking for nominations of the best legal blogs on the Internet to compile a top 100 best legal blogs (or blawgs).

These should be the blogs that you visit regularly and think lawyers and other legal professionals should be checking out too!

The criteria:
  • Nominated blogs should be updated (at least) weekly
  • ABA Journal Editors will have the final say, so highest number of votes will not determine the top 100 list
To submit your vote, check out the ABA Journal website here. Votes are due no later than October 1, 2010.

Thank you for all your support!

Wednesday, August 18, 2010

Philly Legal Blawgers Event You Don’t Want To Miss!


Don't miss the "Meet the Legal Blawgers: An Insiders' Perspective on Connecting with the Legal Blogosphere" event on Thursday, September 16, 2010 at 12 p.m. presented by the Bar-News Media Committee Meeting of the Philadelphia Bar Association.

Furia Rubel Communications' CEO and Bar-News Media Committee chair, Gina Furia Rubel, Esq. will be moderating the event.

Panelists include:

* Jeff Blumenthal, Staff Writer, Philadelphia Business Journal
* Chris Brennan, Political Writer, Philadelphia Daily News, Co-Writer, PhillyClout
* HughE Dillon, Editor, PhillyChitChat.com
* Hank Grezlak, Associate Publisher and Editor-in-Chief, The Legal Intelligencer
* Catherine Lucey, Staff Reporter, Philadelphia Daily News Co-Writer, PhillyClout
* Saul Segan, Esq., Contributor, The Huffington Post


Event Location:
Philadelphia Bar Association
1101 Market Street
11th Floor Conference Center
Philadelphia, Pa 19107

Lunch will be available for $8.00.

To register, please visit The Philadelphia Bar Association website.

For more information about the Bar-News Media Committee, please contact Committee Chair Gina Furia Rubel at Gina@furiarubel.com.

For questions about the event, contact Dawn Petit at 215-238-6367 or via email DPetit@philabar.org.