Impeccable IP

Search Engine Optimization (SEO) is important to law firms because of the increased opportunity for new clients that results from a more conspicuous web presence. Additionally, quality content can boost a firm's image both locally and nationally, especially if focused on a particular practice area. In order to get that great content out there and read, some form of SEO should be employed in order to raise the site's visibility. The benefits of SEO include:

• Greater exposure to new clients (which could include greater exposure to the target clients you wish to attract)
• More attention from peers (which could generate quality applicants who want to come work for your firm)
• Additional borrowing of your content (which could mean heightened respect within the bar)

There remain risks however with SEO, including:

• Exile to later results page (if you upset Google)
• Wasted money on ad words that cost a lot per click but generate no new revenue for the firm
• Expectation pressure (if you become known for great content and then take a hiatus, you could end up angering those who followed you)
• Increased junk to deal with (it may end up costing the firm on the administrative side to deal with extra attention, client inquiries, and job applicants, without adding any value)

It is possible to manage these risks however by implementing a simple process for creating and maintaining a website with a legal blog. Tailor your firm's blog to the practice area it's most interested in and create content that explores current issues in that area. Highlighting these issues can add to your credibility as experts in that area while preserving the need for clients to come see you in order to get answers on the issue specific to their case. Following others (whether professors, other firms, etc.) in your practice area using various social media sites can draw attention from the relevant public and allow you to "get in with the in-crowd" thus, possibly saving you time and money had you started from scratch. This type of niche networking can be very useful for boutique firms especially in the area of intellectual property law. Finally, remaining ethical in your advertising means playing by the rules and not trying to game the system through coding tricks, etc. Just let the quality of your content speak for itself and let those in your niche area help support you and act as a peer review system. As far as your image to the public, staying within the Rules of Professional Responsibility means (1) not claiming specialty in areas you do not have some kind of certification or expertise in, as well as (2) keeping new client intake in person, and not in an online form or email interface. This will help with administrative costs associated with inquiries, and if it begins to get out of hand, adding a detailed outgoing message that allows callers to leave a message and have you get back to them could be an effective screening tool.  

What if you could press a button and instantly be presented with your lost keys, the outfit you wanted to wear, the ingredients you need for your recipe? Although we live and breath in the real world, we operate in the virtual world because of the data storage and magical searching capabilities it offers. In terms of the underlying policies of intellectual property protection (that is, the grant of a valuable property right in exchange for public access to the products of your mind), the indexing of information so that those who want to find it can is of the utmost importance. Why own something unless you can find it when you want to use it? In this way, indexing and thus managing access to information is an externalization of one mind for the benefit of others. Externalization is beneficial for the same reasons that statutes of limitations are: Memory is fleeting. I remember where I put my keys, but only up to a certain amount of time. Further, if I am suddenly unavailable and someone else needs my keys, how would they know where to look? This externalization of the mind and memories allows us to be free from having to remember how to find something ourselves and affords others the chance of finding it as well. It is an informational treasure map. And just as map making has evolved and become so precise that we can nearly walk along every path on the earth virtually, indexing has come a long way from card catalogues to the searchable internet. The better the map, the easier it is to find what you're looking for. Thus, document management systems (which are in essence the maps to your data) are important for accessing and using that data in the most efficient way possible. Here are the top five features of a document management system and why:

1. Logically Organized - Just as the compass rose on a map shows the layout in a simple manner, the organization and layout of your data should be intuitive and easy to understand. (Design, data display optimization, search terms, natural language search, folder system, tree/branching layout, numbering/docketing systems, data tags, related/linked files)
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2. Up to Date - Just as an old map may cause you to run around in circles, your data should be accurate and free of extraneous old files that are no longer needed. (Data retention policies, continual updates, routine audits, archiving)
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3. Streamlined - Just as a map of a straight-line from A to B is easy to follow, your data system should highlight and allow you to focus on only the information you want at that moment. (Clutter free, dynamic highlighting, pattern recognition, learning software)
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4. Easily Accessible - Just as complicated folding roadmaps can be frustrating to work with, your data should be easy to get in and out of. (Searchable, indexed, storage optimization)
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5. Secure - Just as a pirate guards his treasure map, the map to your data must be protected. (Limited access, passwords, user accounts, access management, intranet, VPN, firewalls, information security)
   View image | gettyimages.com

The buzz on social media (that is, the 21st century's "word on the street") often is all about the latest software updates for various popular applications or operating systems. Reviewers or first adopters list all or the most important features/issues of the updates for those more skeptical of the newest and least-tested versions. Against a background of more frequent software updates and the fervor surrounding them, it's easy to see that a company would want to take advantage of every opportunity to keep their business running most efficiently and on the cutting edge. Opting for a software subscription that includes updates as opposed to a one-time purchase of a particular version then may be the better choice for a company. Attorneys then need to provide client companies with a list of questions to consider before choosing between subscription-based software and a one-time software purchase. Questions to ask the client company in advising them on this issue are:

• What function does this particular piece of software serve for the business? Is it a core process?
• What are the security expectations for the data associated with the software?
• How many people need access to the software? How often is access needed?
• What is the cost difference? What resources are available/budgeted for this area? Is there an allocation for negotiation costs?
• Would the company require any software customization?
• What do the updates provide?
• What are the implications on the business of an update that creates a lot of issues/errors?
• What are the cross-platform compatibility requirements of the software outputs? Would the one-time purchase of a particular version meet these? Could updates ruin the requisite compatibility of the software with other software systems used by the company?
• What are the hardware/software/resources required for updates? What are the associated costs?

When advising about the terms of a licensing agreement, an attorney should make sure the following questions are asked:

• Who pays what when?
• What are the expectations for the frequency of updates? The substance of the updates?
• Who is liable for errors or loss caused by updates? Are there set penalty fees (per unit time) for a loss of service?
• Is there an indemnification clause?
• What are the information security expectations for the software and updates?
• Who is liable and when in the event of a data breach? Are there set fees?
• Are there minimum requirements that the subscriber/purchaser must maintain?

Finally, from the software licensor's perspective, subscription-based software service may be the preferred direction in which the company wants to move because of the potential for a steadier stream of revenue. Attorneys should ask their software company clients:

• What is the potential for software updates? The likely frequency?
• What is the software landscape in the area? What is the infringement potential?
• What are the insurance terms available to the software company for covering risks or liabilities taken on by them?
• What are the ownership expectations for customized software?
• What are the terms of use or expectations for the licensees? What are the penalties for violations?

These considerations and more should aid in getting the software licensing process mapped out or started for a client company.

Coming from an engineering background, my undergraduate classes were filled with PowerPoint presentations made by engineering professors, who represented the epitome of all the communication skills that engineers are famous for. Every hour class session would be at least a 60 slide presentation with more information per slide than anyone could handle. So much information in fact that you'd go to each class, follow along, and at the end of the semester have a giant review session with about 250 slides filtered out from the hundreds you'd have gone through all semester that basically embodied all you needed in the first place. These presentations all could have been improved by focusing on the key material that the professors wanted to make sure that we knew and leaving the rest for the textbook or in class problems to cover. Additionally, for at least some of my classes, the presentations were so thorough and well organized that the audience did not need to be there for the actual presentation to learn or absorb the material at all. In some classes this was welcome because attendance was not necessary and that allowed students to be more flexible with their schedules. However, when attendance was mandatory, these types of presentations where the professors basically read the slides aloud to their audience was met with some resentment. This YouTube video is particularly apt: Further, I think a great example of how everyone acknowledges how terrible PowerPoint presentations can be is the phenomenon called PowerPoint Karaoke. At PowerPoint Karaoke events, a series of random slideshows are made and the contestants take turns giving one of these presentations that they have never seen before. This is a great exercise for learning how to think very quickly on your feet, since the winners are those who can carry a main point or thesis all the way through without getting stumped or sidetracked. A PowerPoint Karaoke Presentation: http://youtu.be/m6lsBJRQLK4?t=32s The skills required for giving effective presentations are important to attorneys even outside the courtroom because the skills essentially boil down to effective communication. Communicating and thinking on your feet are essential for all practitioners because of the negotiations and explanations (whether it be with an opposing counsel, a client, or even a boss) that lawyers navigate through each day.

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.