Month: January 2015

Social media has exploded in the past few years. It has become so pervasive that it almost seems like any attorneys or law firms that are not using social media might as well not be using listed phone numbers. At the same time, when social media has given everyone this new voice on the internet, those in the legal practice need to be sure to use their voice in a deliberate manner in order to convey a professional reputation. To achieve this, attorneys and firms must not only regularly publish content relevant in their area, but also tailor the look and feel of the content to the particular expectations of the public, including potential clients. Prof. Sarah Burstein of University of Oklahoma College of Law has done an excellent job of utilizing both twitter and tumblr to exhibit her interest in the area of Design Law. For displaying and commenting on design patents in particular, tumblr seems to be a wise choice for Prof. Burstein because of the image display technology inherent in the site's design. Additionally, her use of twitter not only provides a service for her followers by collecting news in this niche area, but also allows her to express her own excitement and knowledge about the area which gives her a great deal of credibility. Prof. Burstein has been able to further establish herself in the particular niche area of design patents through her innovative uses of social media. This influence stems from her consistently keeping up to date and sharing the latest news in her area with the public. Her dedication to the field in this regard has not only enhanced her own views and understandings, but has also gotten her name out there and associated with the latest and greatest in design law. Participation in social media can result in benefits similar to those realized by Prof. Burstein, but only if used wisely. Impressively, whereas tumblr is generally thought of as more of an entertainment site, eloquent uses can be achieved by creative artists for their portfolios or by others, like Prof. Burstein for more inventive displays. The dangers of using social media arise whenever the content is not of professional quality or when the platform is stigmatized. For example, an attorney or firm using Facebook for an advertising or informational page would not seem as reliable as one using LinkedIn simply because of the online reputations that have developed in the public's mind for each. Overall, the key to successful self-presentation seems to be the same in the virtual world as it is in the real one: show that you are a leader in the field by giving your best work and even if you sometimes fail in that, present yourself well and paint a professional light on everything you do.

Blogging has become an important cog in the machine of legal practice in recent years due in part to the growth of the public's reliance on the Internet as a source for gathering or confirming information. Because of the propensity of consumers to look to Yelp or Google when attempting to locate the right service for them, those in the legal community would be amiss to not carve out a place for themselves among the other services represented virtually. Additionally, many of us use the web to help answer questions we may have about recent events or changes in the law. By providing a well researched summary of the practical applications of such an event or change, a law firm can solidify its reputation as cutting edge or ahead of the game.

Particularly in the realm of Intellectual Property (IP) Law, attorneys and firms are expected to be even more up to date with the recent trends and even the prospective paths for the rules and regulations of IP, considering they are being relied on to secure protection for their clients' IP at the current moment for perhaps decades into the future. IP clients have created something new and expect their counsels to know how to deal with the new and the novel, the latest and the greatest. No longer can firms be reactionary with opinion letters on issues relevant to their clients, but instead must anticipate their clients' needs and answer the what ifs before those words are spoken.

In addition to being anticipatory with answers, those answers cannot be in the form of the traditional legal opinion letter written by lawyers for lawyers, but rather must be written by those trained in marketing and communications for the general public. Fortunately (or perhaps unfortunately to some) lawyers are no longer paid by the word or syllable, but rather for the quickness, directness, and correctness of their work product, and their blog posts must advertise and give a sampling of their skill in precisely that. The firm with the consistently helpful posts that are clear and organized will not only be sought after by clients, but also looked to by other practitioners in the field, thus reinforcing their reputation as leaders in that area of law.

Finally, this explosion of voices on the internet and social media continues to change the legal profession as much as it affects society as a whole. Whereas work product seemed to be more secret and confidential in the past, we are now seemingly entering into an era of peer-reviewed legal advice. Weekly newsletters and twitter feeds of firms can be referenced and reappraised by others challenging their conclusions or building upon them to an even greater depth of coverage. As data and facts become more widely available, empirical analyses can be undertaken more frequently and highlight with greater illumination the more efficient options for clients and practitioners alike and, hopefully, the best path forward for all.