JD Scoop

Earlier this week LexBlog's Kevin O'Keefe wrote a post titled Social media is not about distributing your law firm's content to people - the theme of which is fairly well summed up in the title.

Kevin writes about "using social media as a distribution channel to feed content to people" - saying, among other things, that no one, including corporate counsel, wants to receive law firm content on their social networks, and that this practice is rude and tasteless, something bound to make you "lose trust and destroy relationships."

The Numbers Tell a Different Story

Hardly a surprise, but we disagree with this point of view. The numbers tell a different story. Across our legal news channels, over 100,000 people have requested to receive legal updates, client alerts, articles, newsletters, blog posts and the like on all topics from our lawyers and law firms, often delivered to them on the major social networks.

Daily we see people subscribe to feeds of law firm content, including via our new Legal Updates application on LinkedIn. (Anyone can use the app to follow specific legal subjects or content from an individual firm or lawyer. Indeed, one of the most followed firms on Legal Updates: Sheppard Mullin, which uses JD Supra's distribution network to find additional readers for the firm's many blogs hosted by LexBlog.)

Some of those subscribers (and subscribers is what they are): in-house counsel. Others are entrepreneurs, business owners, CEOs, CFOs, managers, consumers, and professionals who are well-served to stay on top of legal issues in their industry or field.

Our subscribers not only read the content, they also share it with their own networks of friends and colleagues. And, it is clear that, far from losing trust, this sharing of substantive content builds trust. A recent example from LinkedIn:

Moreover, the content helps to build relationships. People connect with author attorneys after reading work they might otherwise not have seen, but for its distribution via social media.

On LinkedIn, Twitter, or Facebook, no one is "shoving" this content in anyone's face - every single subscriber (whether to JD Supra's applications or to a law firm's own social media account) is just that: a person who requested to receive this content because they find it valuable.

Social media is primarily an opt-in activity. Who you follow - and what you follow - is entirely up to you. Don't like it? Don't follow it.

When I click to follow the New York Times on Twitter, for example, I don't do it to enter into dialogue with the company. I do it because I find Twitter a convenient way to receive news and updates from the NYT. Twitter is an important news channel for me because, like Facebook and LinkedIn, it is where I spend a lot of time engaging with friends and colleagues. It's not either-or; I enjoy both the relationships and the information streams.

Closer to home, I doubt people follow Fox Rothschild's Fashion Law page on Facebook (where I see Kevin is a fan) primarily to become friends with the attorney who programs the page. That well might be an eventual consequence of joining the page; but, as far I see it, the Fashion Law page starts as a one-way broadcast channel, a rather interesting law firm exercise in using social media to meet your audience where they gather (Facebook) and sharing useful, on-topic content with them.

Years ago (and even under some circumstances today) I would've opted in to various information streams by providing my email address. Today, that same transaction - "Sure, keep me informed; send me updates" - is not just limited to email. We can follow people, corporations, and news services on Twitter, Facebook, LinkedIn and places elsewhere.

And every time we do, it's a choice.

For your reference, a reading list of recent legal updates and articles posted on JD Supra covering the broad topic of online privacy, especially as it applies to social networking:

- Judge: Privacy on Social Networking Sites is "Wishful Thinking" (by Sands Anderson PC):

"A Suffolk County, New York trial judge recently ruled that the private areas of a plaintiff's Facebook and MySpace profiles could be discovered by the defendants in her personal injury suit to prove she wasn't injured as badly as she claimed..."

- Are Facebook's Woes a Preview of Things to Come for Amazon? (by Poyner Spruill LLP):

"...Facebook faces a user's lawsuit claiming breach of contract due to its actions. The theory goes like this: Facebook promised users in its website privacy policy that it would never share their personal information with advertisers unless the user first consented. In spite of that promise, Facebook sent personal information to advertisers without consent in the manner described above..."

- Socially Aware: The Social Media Law Update - October 2010 (by Morrison & Foerster):

"In This Issue: Facebook Sued for Unauthorized Use of Minors' Names and Likenesses; YouTube Faces Damages and Injunction in Germany for Infringing User Uploads; California Criminalizes Malicious Online Impersonation; Discovery of Communications Through Social Media Sites; and, The New Frontier of Employee Avatar Appearance Codes..."

- Is It Permissible for a Lawyer to Befriend a Witness on Facebook In Order to Gather Information for a Lawsuit? (by Nick Akerman, Dorsy & Whitney LLP):

"On September 10, 2010, the New York State Bar Association, Committee on Professional Ethics, followed the March 2009 opinion of the Philadelphia Professional Guidance Committee in ruling that it is improper for a lawyer to befriend an adverse witness on Facebook for the purpose of obtaining potential impeachment material to use at a deposition..."

- California Court Permits Company to Subpoena Yahoo, Google and ISPs to Identify Anonymous Computer Hacker (by Nick Akerman):

"With criminals hiding behind the anonymity provided by the Internet this case has widespread application to companies willing to take aggressive action to protect their data and provides an excellent blueprint for going after anonymous computer hackers..."

- NY Lawyers Allowed to Friend Adversaries on Facebook (by Daniel Clement):

"New ethical opinions by the New York State Bar Association and the New York City Bar Association permit lawyers to scour the public pages Facebook, Twitter and other social networks for incriminating evidence to be used against an opposing party in a lawsuit..."

- Social Media and the Implications for E-Discovery (by Shireen Ali):

"Courts are being called upon to consider for the first time, whether statements, commentary and postings made by employees on social networks such as Facebook and Twitter, are discoverable. Statements made in instant messages (IM's), group discussion boards, forums, and conceivably skype and the new google chat, are open for legal debate in the courts. And 'data' extends to that kept by employees on mobile devices such as blackberries, iphones, ipads, laptops and the new generation of tablets currently hitting the markets..."

- Costly Contradictions of "Online Privacy" (by Collins & Collins PC):

"FISA, the Foreign Intelligence Surveillance Act of 1978, was originally passed to allow surveillance of communications between foreign powers, foreign intelligence agencies, and their agents. Since 911, FISA has been greatly expanded through various amendments including the Patriot Act. The expansion of FISA allows virtually unfettered governmental monitoring of online and telephone communications of American citizens..."

- Legal Aspects of Social Networking and Online Media Platforms (by Venable LLP):

Slide presentation from a recent seminar by law firm Venable LLP, covering legal aspects of social networking, including privacy, employee conduct, and how to create and implement a social media policy in the workplace...

- City of Ontario v. Quon - Supreme Court Decision in Quon (by Doug Cornelius):

"The search of the police officer's text messages was reasonable, and therefore the officer's Fourth Amendment rights were not violated. 'Even if Quon had a reasonable expectation of privacy in his text messages, petitioners did not necessarily violate the Fourth Amendment by obtaining and reviewing the transcripts.'..."

- Employer Access to Employee Text Message and Social Media Communications (by David Ganje):

"...review of several courts' analysis in dealing with the conflict between constitutional privacy concerns and employer's right to access employee text messages and social media (Facebook, Twitter, Myspace) communications."

- Online Privacy Considerations (And Outrages) for Lawyers to Ponder (by Rocket Matter LLC):

"Apparently, users willingly accept the wholesale collection of their personal Facebook information in return for the almost irresistible allure of growing virtual carrots. These companies, in violation of Facebook code, were sharing user identifiers with other companies. Remember, it's Facebook's profile on you, not your profile on Facebook..."

- Online and Email Risks at Work (by Helen Peach):

A checklist for employees: "...highlights the risks that your business and its employees should be aware of when using the Internet and e-mail at work, sending work-related e-mails or discussing the workplace on the Internet."

- Best Practices Regarding Employee Computer Use (by Danford Grant, Stafford Frey Cooper):

Twenty page guidebook: "Companies have compelling reasons to protect private and confidential information. Securing business information preserves trade secrets and other intangible assets, and protecting customer information creates trust and brand loyalty, reduces litigation, and prevents liability. Controlling the flow of information presents one of today's greatest challenges for businesses. Email, peer-to-peer (P2P) file sharing programs, unauthorized software downloads, and even the use of home computers and web-based email..."

- EPIC Testifies in Congress on Cybersecurity and Privacy (by Electronic Privacy Information Center):

"In his prepared statement, Mr. Rotenberg discussed 'the risks and limitations of a mandatory Internet ID that may be favored by some as a way to address the risk of cyber attack.' He explained how such a proposal would implicate human rights and online freedom, and questioned the constitutionality of such a measure. EPIC recommended that efforts continue to focus on improving security standards, deploying encryption, and requiring federal agencies to remain transparent as they develop cyber security policies..."

- From the archive: Comparison of Facebook Privacy Policy versions - April 2010 v Nov 2009 (by William Carleton):

"Redline comparison to show differences between Facebook's posted privacy policy, dated April 22, 2010, as against a prior version dated November 19, 2009..."

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The tip of the iceberg. Stay in touch via JD Supra's legal feeds for additional posts on this topic:

Facebook: Tech Law - Is That Legal? - Consumer Protection
Twitter: @Tech_Law - @ConsumerLaw
LinkedIn: Science & Tech Law - Privacy Law - Consumer Protection
JD Supra: Science & Tech Law - Personal Rights - Consumer Protection

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Lawyers, expand your online readership. Post your work on JD Supra today.

We've been putting together the October issue of our Law Practice Digest, a monthly email of legal marketing and law practice articles uploaded and distributed on JD Supra. Pleased to see a number of contributors writing about social media for lawyers and law firms - and so we thought we'd collect some of the more recent posts here, for your reference...

Social Media for Lawyers: A JD Supra Reading List 

• How Lawyers Can Avoid Social Media Burnout - by Smith Law Group
• What Malcolm Gladwell Doesn't Understand About Social Media (and what every law firm should know) - by Great Jakes Marketing
• Social Media Strategies You Can't Ignore - by Paula Black
• 7 Steps to Success in Social Media - The Rainmaker Institute
• Get in on New Facebook Groups! - TopLawyerCoach
• Social Media Strategies for Lawyers - Larry Bodine
• Need of social media policy in the legal industry today - by Globalex Solutions
• Law Firm Marketing; Thinking Outside the Blog - by The Net Impact
  
• Marketing Legal Services On The Deepening, Splintering Web - by Doug Jasinski
• Law Firm Facebook Groups vs Pages - A Detailed Look - by Samantha Collier
  
• Have law blogs failed to live up to their expectations? - by Adrian Dayton
• Tweet Success Awaits the Savvy Lawyer - by Michael Chang
  

Drop us a line if you're interested in getting a copy of the Law Practice Digest delivered monthly to your email inbox. (Here's the online version of last month's issue, FYI.)

Find more social media and legal marketing articles via JD Supra on LinkedIn, Twitter, and Facebook.

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Lawyers, share your expertise with an engaged audience. Upload your legal writings on JD Supra!

[Note: this month's guest post by attorney and writer Reba Kennedy focuses on an important topic for anyone using written work to market expertise and professional service online: namely, how consistently to find good topics to write about...]

Two big questions I'm asked repeatedly: how to find the time to write a blog (that's another topic, for another day) and how to find topics for blog posts. Here are five tips for finding inspiration for consistent blog post and article writing:

1. Consider your Blog's Theme - and Write Consistently Within It

Not placing boundaries on your blog writing not only leads to an overwhelming feeling for the blog writer, but a confused blog reader. Decide the topics upon which you will write, and stick to them. These topics should be subcategories of an overall subject that comprises your blog's theme. 

For law firms, there are certain legal practice areas that provide the firm's theme: law firm blogs (blawgs) should parallel the areas within which the firm's attorneys practice.  

These practice areas will inform your posts' content. They can also be phrases within any search terms (Google, Bing, Twitter) you use when researching for new blog post topics. 

2. Check Trending News Stories

One of the web's great advantages is its ability to provide up to-the-minute coverage of global events, as they happen. Informative blog posts can take breaking news stories and provide interesting content for readers by providing legal analysis or personal opinion. 

Cull though sites like Google News, Yahoo News, MSNBC's Breaking News, and Reuters for news stories that pertain to your practice areas or blog theme. 

Don't cut and paste from these articles - that's illegal (unless you pay them for the privilege).  Link to them as sources, and provide your own take on what is happening. 

For example, will pending legislation have a big impact upon your readers?  Write about it; explain it to them. Provide links so readers can read the bill for themselves. 

Another source for hot post topics is JD Supra's Trends Report, which targets eleven specific legal practice areas (immigration, business law, bankruptcy, real estate, personal law, etc.).  JD Supra Pro contributors receive a monthly digest filled with popular article topics based upon JD Supra's own research and analytics. Suggested topics are also provided. 

3. Check Top Search Engine Results

Another quick way to find something on which to write is to search the web for interesting sites via the search engines like Google, Bing, or Yahoo!. Using a basic search term combined with your location ("city, state") should provide you not only with interesting web sites but as the search engines evolve (Google's already here), links to blog posts or tweets that often provide lots of inspiration.

For example, search for "Tylenol recall" combined with "dallas, texas" and Google will give you not only news stories on the October 2010 voluntary recall of musty-smelling Tylenol by Johnson & Johnson, but also links to several mommy blogs where parents are voicing concern over yet another recall that impacts their families. How to use this?

Plaintiffs' attorneys can write about aspects of the recall from a products liability perspective; family attorneys can write about the same subject matter from an entirely different parental responsibility viewpoint. Other links that can be included within these posts are those providing background information from government sites (e.g., the FDA) and those of non-profit or educational organizations working in this area. 

4. Read What Others Are Writing About - But Don't Duplicate Their Work

One more source of inspiration is to read other blogs with compatible themes, discovering the subject matter of their recent posts. It's good to see what the hot topics are, and it's wise to know what readers are finding interesting that keeps the top blogs generating that high traffic - but remember that it's not proper to duplicate the content you find here. 

Using Google Blog Search or Technorati search to find bloggers who are writing about the same topics as you. If you find an interesting post giving the Republican perspective, and you want to write about the Democratic position - go for it.  If you find a great post that criticizes a reference book you find invaluable, feel free to post a glowing book review on your blog.  Does the law of the blogger's state differ radically from your state legislation?  Discuss the distinctions in a post or two.

5. Monitor Twitter for Tweets and Trends

Twitter is building its reputation as a news source on the web, and with good reason. More and more, Twitter is not only a source of multiple tweets on the same topic, creating Twitter Trends, it is also a repository for news releases by any number of corporations and concerns. 

Most large organizations will tweet their latest news release.  For example, many law firms will tweet congratulations to their latest round of SuperLawyers™.  It's not going to trend on Twitter, but it is a bit of news that may be helpful to you in writing blog content. 

What could this suggest to a blawg writer? Expand on the idea of tweeting congrats to a SuperLawyer recipient with a blog post that gives details on a firm attorney's background and the basis for her latest accomplishment (it need not be recognition as a SuperLawyer).  Include a quote from the lawyer and a link to the website's bio. This laudatory type of post could be scheduled as a regular occurrence on the law firm blog.

Find Twitter Trends by accessing the Twitter site for either national or local trends or checking TweetStats for the latest. Research interesting tweets by searching Twitter for topics pertaining to your blog; of particular help here is What the Hashtag? - a site that organizes current hashtags, as well as reports on the most popular hashtags of the moment.

Finally, look for services that monitor trends for you.  For example, JD Supra has a Twitter feed that announces JD Supra's daily trending and hot topics in legal areas; follow it on Twitter at @JDSupraBuzz.

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Reba Kennedy is an AV-preeminent™ rated 20+ year attorney and 5+ year professional writer whose work regularly appears on JD Supra, published within her own profile and as ghostwritten or edited publications for law firms across the country. For more information, check out Reba's JD Supra profile or website.

Over the past few weeks we've seen an uptick of interest in an already hot topic - and so, for your reference, here's a reading list of Immigration Reform articles and news updates, as written by leading lawyers and law firms and posted on JD Supra:

- A Final Chance for 2010 Immigration Reform (by Ronald Shapiro)

"Just before Congress ended its last session to allow for re-election campaigning, Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT) introduced the Comprehensive Immigration Reform Act of 2010... If the Act should pass, it would tighten border security and immigration enforcement, while creating a path to citizenship and integration for undocumented workers."

- IMMIGRATION REFORM: The One Sided Debate (by Bashyam Spiro, LLP)

"The immigration debate over the past five years has focused solely on illegal immigration and illegal aliens. This debate has missed an entire demographic of immigrants - those who have followed the rules and are stuck in an inefficient system that keeps them in limbo for many years..."

- Why we need the DREAM ACT now! (by Nachman & Associates, P.C. )

"If passed, the DREAM Act would make it possible for 1 million young undocumented immigrants to become lawful permanent residents. The bill would permit immigrant students who graduate from US high schools, are of good moral character, arrived in the US as children, and have been in the country continuously for at least five years prior to the bill's enactment, the opportunity to earn conditional permanent residence..."

[Also see: DREAM Act Suspended by Filibuster...]

- The Myth of Special Treatment for Illegals (by Szabo, Zelnick & Erickson, P.C.)

March, 2009 analysis: "There's a common misconception that by illegally entering the U.S., illegal aliens are able to apply for permanent resident status sooner than had they remained in their home country and applied from abroad. The reality is that, for the vast majority of illegal aliens, there is simply no process that would allow for them to be considered for permanent resident status. This is why so many continue to live in the shadows and fringes..."

- What's Ahead for Immigration Reform, 2010 Style (by Fox Rothschild)

January 2010 analysis: "Serious and effective enforcement needs to include enhanced border control, sanctions against unscrupulous employers and an accurate E-verify system, among other things. It should include speedy and fair hearings for those subject to removal. But other troubling issues ahead include whether states and cities should pass their own immigration-related laws and have local police be the enforcers..."

- Implementing Immigration Reform in The Age of Belt-Tightening (by Siskind Susser Bland, P.C.)

March 2009 analysis: "Even if the funds were appropriated, the mammoth task of rolling out a legalization program along the lines being discussed would take time. In fact, it could take USCIS years to fully process the applications for the millions of individuals expected to apply. The proposals call for extensive background checks, English examinations, medical examinations, payment of back taxes, verification of residency in the US, etc. There are strong policy arguments in favor of these requirements, but achieving the goal of beginning to integrate these people into American society would be delayed an intolerably long period..."

Also see:

- The United States Needs Meaningful Immigration Reform, Not A Closed Door of Fear (by Copy Central 100 Montgomery)

- Can Reform Boost the U.S. Economy? (by Szabo, Zelnick & Erickson, P.C.)

- The Case for Immigration Reform (by Ronald Shapiro)

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Sign up for Immigration Law updates on
LinkedIn | Twitter | Facebook | JD Supra

Subscribe to a feed of Immigration Reform articles via RSS.

Have work to add to the mix? Do so now>>

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Please join us next Wednesday, October 13, at 9:30 am PST, for a fifteen minute JD Supra Micro-Webinar:

How to Expand Your Professional Visibility Using the Linked-JD Supra Connection

We know you have questions about JD Supra's many tools and offerings, and we know you're extraordinarily busy - so, our new webinar series of practical tips and tricks is comprised of quick, fifteen minute training sessions. Grab a coffee and join us.

For the inaugural Micro-Webinar (Webini? Webarini? Minibar?) we'll show you how to connect your LinkedIn and JD Supra accounts so that you can truly expand your visibility on the world's largest professional network.

Even those of you who have already installed the Legal Updates application can learn additional steps to really take advantage of the viral, content sharing qualities of your business network.

You'll learn how to:

- connect your accounts so that when you upload a document on either LinkedIn or JD Supra it appears on both sites
- include your entire JD Supra portfolio of docs on your public LinkedIn profile
- connect accounts so that your professional network knows when you've uploaded new work

We'll also answer questions - send yours in advance via Twitter, email, LinkedIn, telephone, carrier pigeon, or in a comment to this post.

Join us:

Click here to sign up now for next Wednesday's MicroWebinar: The LinkedIn-JD Supra connection. (Oct 13, 9:30 to 9:45 am PST.)

Upcoming subjects:
- quick steps to a professional presence on Facebook
- optimizing your document titles, summaries, and subject tags
- build a better profile
- and others - stay tuned for times and dates.

For your interest, a look at some of the most-viewed documents on JD Supra for the month of September:

1. No-Fault Divorce Law Enacted In New York
[By: Pryor Cashman LLP |In: Family Law]

2. The Top Ten Major Misconceptions Plan Sponsors Have About Retirement Plans
[By: The Rosenbaum Law Firm P.C. |In: Employment Law]

3. In re Workflow Management, Inc. Proposed Joint Chapter 11 Bankruptcy Plan of Reorg
[By: Randall Reese netDockets.com |In: Bankruptcy]

4. What if They Built a Law School and Nobody Came?
[By: Jerome Kowalski |In: Law Practice]

5. Multilingual glossary of legal terminology (Italian, English, French, Spanish)
[By: Riccardo Massari |In: International Law, Law Practice]

6. Victor Stanley, Inc. v. Creative Pipe, Inc.
[By: Rob Robinson |In: Electronic Discovery]

7. In re Blockbuster Inc. Affidavit of Chief Restructuring Officer in Support of Bankruptcy Filing
[By: Randall Reese |In: Bankruptcy]

8. Kiobel v. Royal Dutch Shell Petroleum (No Corporate Liability Under Alien Tort Claims Act)
[By: Santiago Cueto |In: International Law & Trade]

9. Health Care Reform: Grandfathered Plan Regulations
[By: Thompson Coburn LLP |In: Health Law]

10. One Solo Lawyer's Reality
[By: Donna Seyle - Law Practice Strategy |In: Legal Marketing]

11. Terry Lenamon's List of State Death Penalty Mitigation Statutes (Full Text)
[By: Terence Lenamon |In: Criminal Law]

12. Health Care Reform Coverage of Children under 26
[By: Thompson Coburn LLP |In: Health Law]

13. The Myth of Free 401(k) Administration
[By: The Rosenbaum Law Firm P.C. |In: Employment Law, Tax Law]

14. Ellis v DHSMV - Order Granting Certiorari
[By: FL Assoc of Criminal Defense Lawyers |In: Criminal Law]

15. Time to Get More Bang For Your Legal Research Buck
[By: Corinne A. Tampas |In: Law Practice]

16. Bankruptcy Expenses Soar for Washington Mutual
[By: Tampa Bay Bankruptcy Center, P.A. |In: Bankruptcy, Finance & Banking ]

17. Hewlett-Packard Company v Mark V. Hurd - Civil Complaint
[By: Justia.com |In: Labor & Employment Law]

18. If We Build It, Will They Come?
[By: Morrison & Foerster LLP |In: Legal Marketing]

19. Lawyer Profiles: Dropping the Middle Initials
[By: Steve Matthews |In: Legal Marketing]

20. The State of Law Firm Email Marketing: Benchmarks, Trends and Best Practices
[By: eLawMarketing |In: Legal Marketing]

21. Quit Claim Deed with Life-Estate Language
[By: Lawrence Tolchinsky |In: Real Estate]

22. UK Bribery Act Guidance Released
[By: Thomas Fox |In: International Law & Trade]

23. Haywood v. Medstar-Georgetown Medical Center, Inc.
 - Motion To Compel Defendant To Designate A Spokesperson For A Deposition
[By: Patrick Malone & Associates P.C. |In: Health Law, Personal Injury]

24. Wal-Mart Gender Discrimination Employment Lawsuit to Go to Trial
[By: Callahan & Blaine |In: Labor & Employment Law]

25. DWI Passenger Held Accountable for Vehicular Homicide
[By: Collins & Collins, P.C. |In: Criminal Law]

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Also of note: Popular Law Firms on LinkedIn...

Browse additional legal content by subject - or follow via RSS, Twitter, widget, Facebook, iPhone, or email. Your choice.

Follow @JDSupraBuzz for daily Twitter updates on trending topics, searches, and documents. A great way to find fodder for your next article or post.

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Related:
- Most-viewed on JD Supra: August, 2010
- Most-viewed on JD Supra: July, 2010
- Most-viewed on JD Supra: June, 2010
- Most-viewed on JD Supra: April, 2010
- Most-viewed on JD Supra: March, 2010