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Legal IT

Social media for lawyers

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In this article, we focus on social media for lawyers. We start with some statistics about social media that underpin their relevance. Next, we have a look at the different categories of social media that exist. We conclude with a selection of social media that are recommended for lawyers.

Some statistics about social media

In a previous article, we explained why social media matter. They are a valuable marketing tool, even for lawyers, because they provide direct access to your target audiences.  Legal consumers are online consumers and social media allow them to familiarize themselves with the lawyers whose services they want to employ.

And social media are extremely popular, as the following statistics illustrate.

  • In April 2023, there were 4.8 billion social media user identities, which is the equivalent of 59.9% of the global population. If we narrow it down to adults (18 years and older) then we are dealing with a number that is the equivalent of 78% of the population.
  • If we look at the number of people using the Internet, then we find that 92.7% of them are on at least one form of social media.
  • The average time a social media user spends each day on social media amounts to 2 hours and 24 minutes.
  • Demographics: 46.5% of social media users are female, while 53.5% are male.
  • People who are active on social media tend to be active on more than one platform and on average have 6.6 social media profiles.

A key concept in the metrics about social media users is the number of monthly active users (MAU). These are the unique users who use a social media platform at least once a month. Based on these monthly active users, these are the 21 most popular social media platforms.

  1. Facebook — 2.96 billion
  2. YouTube — 2.2 billion
  3. WhatsApp — 2 billion
  4. Instagram — 2 billion
  5. WeChat — 1.26 billion
  6. TikTok — 1 billion
  7. Sina Weibo — 573 million
  8. QQ — 538.91 million
  9. Telegram — 550 million
  10. Snapchat — 557 million
  11. Kuaishou — 573 million
  12. zone — 553.5 million
  13. Pinterest — 444 million
  14. Twitter — 238 million
  15. Reddit — 430 million
  16. LinkedIn — 424 million
  17. Quora — 300 million
  18. Discord — 150 million
  19. Twitch — 140 million
  20. Tumblr — 135 million
  21. Mastodon — 2.5 million

Now, many of those you may not be familiar with because they are mainly used in the Far East, and more specifically in China. Those are probably less relevant for most Western lawyers.

Not yet included in the list is Threads, the new Twitter alternative that was launched by Instagram. In the week after it was launched on 5 July 2023, it already gathered more than 100 million users, which would put it near the top 20. But note that at the time of writing, Threads is not available in the EU.

Categories of social media

There are many different types of social media. To tell them apart, it makes sense to group them in different categories. The Wikipedia uses the following categories.

  • Blogs are informational websites published on the World Wide Web, consisting of discrete, often informal diary-style text entries (posts). By now, most law firms have their own blog. (For more information, read our article on starting a blog).
  • Business networks are a type of social network service that focuses on interactions and relationships for business opportunities and career growth, with less emphasis on activities in personal life. LinkedIn is an example of a business network. Most law firms also are on LinkedIn.
  • Collaborative projects like, e.g., Wikipedia.
  • Enterprise social networks focus on the use of online social networks or social relations among people who share business interests and/or activities. Enterprise social networking is often a facility of enterprise social software. Yammer and Socialcast are examples.
  • Discussion Forums
  • Microblogs are a form of blogging using short posts without titles. When Twitter, e.g., launched, the size of a message was limited to only 140 characters. Other examples include Tumblr, Mastodon, Post.News, Threads, Spoutible, et. al.
  • Photo sharing websites like Instagram, Flickr, Photobucket, etc.
  • Websites with crowd-sourced reviews of products and/or services. Sometimes these focus on specific market segments like, e.g., Tripadvisor, while others are more generic, like Yelp or Amazon.
  • Social bookmarking are online services which allow users to add, annotate, edit, and share bookmarks of web documents. Delicious and Pinterest are two examples.
  • Social gaming (ex. Mafia Wars, World of Warcraft).
  • Generic social network sites like Facebook.
  • Video sharing websites like YouTube, Vimeo, TikTok, etc.
  • Virtual worlds are computer-simulated environments which may be populated by many users who can create a personal avatar, and simultaneously and independently explore the virtual world, participate in its activities and communicate with others. (We discussed virtual worlds before in our article on Web3).

Note that in this overview the Wikipedia did not include messaging apps like WhatsApp, Telegram, or Signal, while most other overviews do include them. Not included either are websites where people can ask all kinds of questions, like Quora or Reddit.

It is also worth pointing out that the boundaries between these categories are fluid and that they often overlap. Videos, e.g., are not only shared on video sharing sites, but also on virtually all messaging apps, as well as on most other popular platforms like LinkedIn, Facebook, etc.

A selection of social media for lawyers

The annual reports by the American Bar Association and Good2bSocial reveal that by now most law firms are active on social media. Many are present on the most popular platforms like LinkedIn and Facebook, and most have their own blog. The most important current trends are that a) more and more law firms are discovering short form video and start using those, and b) that firms who cater to multiple audiences are seeing the importance of market segmentation. In other words, law firms are learning it pays off to target different audiences on different platforms.

Online articles that recommend lawyers which social media to use are fairly consistent in their recommendations. The selection below is limited to those social media that are most relevant for lawyers, topic-wise and geographically. For most of the ones listed below, we have discussed them before in our blog articles.

When it comes to business networking, LinkedIn is the platform of choice.

When it comes to general social media, Facebook is the most popular choice. Recent statistics show that in the US more law firms are advertising on Facebook than on LinkedIn.

When it comes to messaging apps, there are more options. WhatsApp, Instagram, Snapchat, Telegram, and Signal are all popular. Because of privacy concerns, Signal is probably most recommended for lawyers. Note that most messaging apps now also allow to create groups which can function as mailing list for updates as well as short newsletters. A WhatsApp group can currently have 1 024 members, whereas a Telegram super group can have up to 200 000 members.

Because online consumers like to know in advance who they are dealing with, photo sharing apps can provide them with a more human side of a law firm. Instagram still is the most popular platform, followed by Snapchat, Flickr, and Photobucket.

Up until recently, the platform of choice for micro-blogging was Twitter. But since Elon Musk took over, many users and advertisers have turned their back on Twitter. Several alternatives are available, like Mastodon, Threads, Tumblr, Bluesky, or, e.g., Post.news. Threads seems to be positioning itself as the main alternative but is not available in Europe.

For video sharing, there again are several options. For longer videos, YouTube and Vimeo are the platforms of choice. For short-form videos, TikTok, Instagram, and Snapchat are currently most popular. Note, however, that for lawyers TikTok is not recommended because of serious privacy concerns. Several governments worldwide have ordered officials to remove TikTok from their smart phones.

Pinterest still is the recommended platform for social bookmarking.

When it comes to question-and-answer forums, Quora and Reddit are the two main platforms.

That concludes our overview of recommended social media for lawyers in 2023.

 

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Legal IT

Token Economics for Lawyers – part 1

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In this article as well as the next, we have a look at token economics. Now, the expression “token economics” can mean different things depending on the context. What these two articles are about is tokens as digital assets. It is not about token economics in the context of behavioural therapy. (Which is what the entry in the Wikipedia entry is about. So, that may be confusing). In this article, we will discuss definitions of tokens and token economics. We will answer the question “what are digital tokens used for?”. We will also talk about some of the legal issues of token economics, and finally look at the relevance of token economics for lawyers. In the follow-up article, we will focus on the values of tokens as digital assets.

Definitions of tokens and token economics

In today’s digital world, tokens have become a buzzword among investors, entrepreneurs, and businesses. From cryptocurrencies to utility tokens, the rise of tokens has created a new economy where the value of tokens is determined by a complex interplay of supply and demand.

So, what are we talking about? Let’s start with tokens and give an example that everybody probably is familiar with. If you go to a casino, you don’t play with real money. Instead, you exchange real money for tokens, and each token has a specific monetary value. While you are playing, you are using tokens. When you leave, you can exchange the tokens again for real money. A token therefore is something that symbolizes or represents something else.

In the context of token economics, tokens are digital assets, and they are typically created and managed through blockchain technology. They are unique assets that can represent a wide range of things, from cryptocurrencies to loyalty points to real-world assets like stocks and commodities. The key feature of tokens is their ability to store value and be traded freely on digital marketplaces. This means that tokens can be bought and sold like any other asset, allowing investors to benefit from price movements and businesses to raise funds through initial coin offerings (ICOs).

The article on the ESPEO Blockchain website defines token economics as “the study of a new type of economy that can be defined as the design of a particular ecosystem in a blockchain environment. There are as many ecosystems as startups and projects in the blockchain industry, where tokenization is a popular process.” In this context, the expression “token economics” is often shortened to tokenomics.

What are digital tokens used for?

Digital tokens can be used in a variety of ways, depending on the type of token. Some common uses include:

  • Currency: Cryptocurrencies like Bitcoin and Ethereum are tokens that are used as a medium of exchange. They can be used to purchase goods and services or traded for other currencies.
  • Utility Tokens: Utility tokens are tokens that are used to access a particular product or service. For example, a company may create a token that can be used to access their platform or to pay for a specific service.
  • Security Tokens: Security tokens represent ownership of an asset, like stocks, bonds, or real estate. They are governed by securities regulations and offer investors the opportunity to earn dividends or other forms of income.
  • Fungible and non-fungible tokens:
    • Fungible tokens are interchangeable with other tokens of the same type, meaning that each token has the same value and can be exchanged for another token without any loss of value. For example, a 5€ bill is a fungible token, because any two 5€ bills have the same value and can be exchanged for one another without any loss of value.
    • Non-fungible tokens, NFTs, on the other hand, are unique and cannot be exchanged for another token without a loss of value. Each token represents a specific asset, such as a piece of artwork or a collectible item and has its own unique value. For example, a unique piece of digital art might be represented as a non-fungible token. (We talked about non-fungible tokens in a previous article).

Top of Form

Legal issues of token economics

As tokens are assets, there are several legal challenges and issues regarding token economics that one should be aware of.

One of the main challenges is the regulatory uncertainty surrounding tokens. In our article on NFTs, e.g., we mentioned the issues about whether or when NFTs become securities. Depending on their economic characteristics, tokens may be subject to various regulatory regimes, including securities laws, commodities laws, or money transmission laws. This can make it difficult for issuers and investors to navigate the legal landscape and comply with applicable regulations.

Another issue is the potential for fraudulent or abusive practices in token offerings or trading. Due to the lack of regulation and oversight in some token markets, there have been cases of fraud, market manipulation, and other forms of misconduct. Lawyers may need to advise clients on how to comply with anti-fraud laws and regulations, as well as how to mitigate legal risks associated with token-based transactions.

Additionally, there are intellectual property issues related to token economics, particularly with respect to the ownership and licensing of the underlying technology and protocols that support token ecosystems. Lawyers may need to advise clients on patent, copyright, and trademark issues related to token-related technologies, as well as on licensing and commercialization strategies.

Finally, there are data privacy and cybersecurity concerns associated with token transactions, which can be particularly acute in decentralized networks where personal data is stored and transmitted across multiple nodes. Lawyers may need to advise clients on how to comply with data protection.

Relevance for lawyers

So, how are token economics relevant to lawyers?

As mentioned above, token economics can impact the regulatory treatment of tokens. For example, if a token is classified as a security, it may be subject to more stringent regulations than if it is classified as a utility token. Lawyers may need to be familiar with the various factors that determine the classification of a token, such as its economic purpose, distribution, and governance.

Secondly, lawyers may need to understand token economics to advise clients on the legal implications of launching a token-based project or participating in a token sale. This could include drafting legal documents such as token purchase agreements, whitepapers, or terms of service that incorporate the economic features of the token.

Thirdly, token economics can affect the way that tokens are valued and traded in the market. Lawyers may need to understand the mechanics of token supply, demand, and circulation to advise clients on issues such as token pricing, market manipulation, or insider trading. We will discuss those in our next article.

Finally, token economics is a rapidly evolving field that requires interdisciplinary knowledge and collaboration between legal and technical experts. Lawyers who are familiar with token economics may be better positioned to engage with clients in emerging sectors such as decentralized finance (DeFi) or non-fungible tokens (NFTs), where the legal implications of token economics are still being defined.

Conclusion

Tokens are digital assets that are typically created and managed through blockchain technology. They are assets that can represent a wide range of things, from cryptocurrencies to loyalty points to real-world assets like stocks and commodities. They can be used in a variety of ways, including as currency, utility tokens, and security tokens. As the digital world continues to evolve, the importance of tokens in the economy is likely to grow. By understanding token economics and the value of tokens, lawyers can assist their clients in making informed decisions and navigating this new landscape with confidence.

 

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Legal IT

Web3 for Lawyers

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In this article, we have a look at Web 3 for lawyers. We answer questions like “What is Web3?” and “What are the promised benefits of Web3?”. We look at the concerns about Web3 and at how Web3 and the Metaverse relate to each other. We also pay attention at the relevance of Web3 for lawyers.

What is Web3?

Web 3 (web3, web 3.0) is the name used for what could be the next version of the Internet. Proponents claim it will be based on concepts like decentralization and blockchain technologies. The Wikipedia also includes the concept of token-based economics as a third pillar of web 3. (Think of non-fungible tokens (NFTs) as an example of token-based economics. A future article will be dedicated to token-based economics. In the past, we have already published articles on blockchain and on how it is relevant for lawyers).

But why call it web3? To understand the name, we need to look at the history of the Internet. Before the Internet was accessible to the public in the form of the World Wide Web, there was ARPANET (sometimes referred to as DARPANET). Military strategists had come to the conclusion that centralizing strategic information on just one or some computer servers could leave one vulnerable. So, instead, they built a network of computers that were connected and that replicated crucial information. The information became decentralized. As long as one server remained up and running, essential information would remain accessible.

From this came the first incarnation of the public Internet, the world wide web, which was later also referred to as Web 1.0. It was the Internet of mainly static pages, where the users were in charge of the information they put online. In this setup, the information remained decentralized, where websites were on specific web servers. Then, slowly, we saw the rise of ‘Big Tech’. When social media arrived, they dramatically changed the Internet. Facebook, e.g., became like a privately owned Internet. In this new Internet, which people started referring to as Web 2.0, the information became centralized again in the hands of the Big Tech companies. Microsoft, Google (including YouTube), Meta (Facebook, Instagram, Whatsapp), and Amazon, e.g., are responsible for most of the traffic on the Internet. These companies have tremendous amounts of information on their users, and that information is centralized on their servers. More importantly, users no longer exclusively own what they put on these social media. The Big Tech companies are in control and can use that information. One of the things they do, is monetize this information about their users for marketing purposes, where these users typically do not share in the profits.

With the arrival of cryptocurrencies, the idea of Web 3.0 was born. The purpose of cryptocurrencies was mainly to break away from the power of centralized financial institutions. Similarly, the idea for web3 was to decentralize information and to put users in charge again of their own information, while maintaining their privacy. This would be done by cutting out the Big Tech middlemen and by using the same blockchain technology that had made cryptocurrencies possible. The idea appealed and led to the creation of the Web3 Foundation.

What are the promised benefits of Web3?

By now, billions have already been invested in Web 3 and the underlying technologies. People are enthusiastic because the promises and benefits it holds. Let us have a look at those.

Web 3 will give control back to the users and let the users monetize their information instead of Big Tech. In the article in Livewire, Jeremy Laukkonen writes, “It will represent a transition from big companies controlling and monetizing content on the internet to individual creators and consumers sharing content and interacting through decentralized networks.” NFTs are an example of this, where the creator of a digital artwork is able to sell some rights to his digital artwork. This is done by assigning a unique digital token to the piece of artwork, and all transactions with regard to this token are registered in a Blockchain ledger.

Web 3 will offer increased privacy-protection

If the information is no longer shared with Big Tech companies, users are back in control over their personal data. If you make digital artwork and sell it as NFTs, e.g., the buyer does not need to know anything about you. They just need to know that the token that refers to it is authentic.

Decentralization

With decentralization, the information gets distributed over the Internet again, instead of being in the hands of a handful of Big Tech companies. Dion Hinchcliffe, in ZD Net, describes decentralization as, “the notion that instead of large sections of the Internet being owned and controlled by centralized entities, ownership is instead distributed among its builders and users.”

Technological innovation

The technologies that form the basis for Web 3 already have changed the landscape of Internet technologies. Blockchain is a prime example of that. Web 3 comes with its own set of challenges (see below), and for some of those innovative technological solutions are being proposed. These include solutions to make the Internet more environmentally friendly and sustainable energy-wise. The link between web 3 and the Metaverse also is responsible for the innovations in visual communications, network speed, etc.

Opportunities for enterprises

Commentators identify seven key areas in which Web 3 creates new opportunities for enterprises:

  1. The Metaverse is often cited as an implementation of Web3 technologies, where all its virtual marketplaces rely on them.
  2. Distributed (or Decentralized) Autonomous Organizations (DAOs). “The concept of a DAO is embodied in a smart contract, with the rules posted for all to see. Tokens are issued, and stakeholders have a well-defined decision-making process. Essentially a new type of digital corporation, DAOs can be used in an enterprise context for everything from open innovation and investment to IP-based professional services or industry-scale consortiums.” (Dion Hinchcliffe).
  3. Web3 Apps
  4. Creator Economy for Web3
  5. Crypto & Digital Assets
  6. Blockchain and Distributed Ledger (DLT)
  7. Decentralization

(For more information on this, see the article on ZD Net listed below in the sources, on how decentralization and Web3 will impact the enterprise).

Other benefits

Some advocates of Web 3 also claim it will bring increased data security (because of encryption by default) and increased scalability.

Concerns about Web3

While many people are enthusiastic about the idea of Web 3, there also are some concerns that still must be addressed. A short overview:

Regulation

As most countries by now have Internet-related legislation, the current Internet is largely regulated. That is not the case with web 3, which makes it extremely attractive to cybercriminals. In an environment that is not regulated, the risks of getting exposed to hacking, fraud, theft, harassment and bullying, the dissemination of harmful content like child abuse, unfair business practices, etc., are substantial. An unregulated Web3 is a paradise for criminals.

Environmental Impact

One of the biggest concerns about blockchain technology is its impact on the environment. Blockchain technology requires constant complex calculations that require an exorbitant amount of computing power, which in turn requires a lot of energy. An entire Internet running on Blockchain technology would have a detrimental impact on the environment. Thankfully, new technologies are already being developed that still use the idea of distributed, encrypted ledgers but that require far less computer power. Etherium, e.g., has just moved to such a new technology.

Security

One of the advantages of a centralized network is that typically more attention is being paid to security. (That is why cloud-based solutions typically are safer than technologies that are run on site). In a decentralized Internet, the users become responsible again for security. And that can be problematic. Experience has taught that users still are the most fallible factor in any security solution. (At the moment of writing this article, a hacker made headlines after successfully hacking the Uber network. All he had to was to make one authorized user believe that he was a colleague who needed access).

In a decentralized setup, all the information is in the hands of the users again. Identity theft and identity fraud will be as rampant as it is today, and probably with worse effects for the users whose identities were compromised. In fact, a recent report confirmed that social engineering attacks are already dominating the Metaverse and Web 3.

And there is more. The Pentagon also investigated blockchain technology to see if it could be useful for them. Instead, their investigation found some concerning vulnerabilities on blockchain. Their report revealed that blockchain is neither decentralized nor updated. The market that uses blockchain registered transactions only has a handful of players and it is through them that most transactions take place. On top of that, the report found that it can take a long time for certain transactions to register. That leaves the possibility open for a cybercriminal to, e.g., make a blockchain purchase and then keep on selling the same item several times to different people for as long as the transactions aren’t registered.

Negative impact on innovation

Technological innovation is being touted as one of the benefits of Web 3. But there is another side to the coin. Research has shown that decentralization tends to slow down innovation and progress because it hampers technological standardization. It’s the traditional ‘too many cooks in the kitchen’ problem. E-mail is a classic example of decentralization. After 3 decades of the world wide web, there still are no standards for e-mail encryption. If you look at something like WhatsApp or Teams, which are centralized technologies, they had secure encryption by default, shortly after they were launched.

This slowing down of innovation is one of the main reasons many Big Tech companies are revising their position on working from home.

Other controversies

Several high-profile people within Big Tech are warning that Web 3 is more of a hype or marketing buzz than reality. More importantly, they point out that there won’t be much decentralization, as at present the investments in Web 3 start-ups are all being made by a small group of investment bankers. Instead of control over the Internet being centralized in the hands of just a few Big Tech companies, control over Web 3 would be in the hands of a small group of investors and venture capitalists.

Web 3 and the Metaverse

Web3 and the Metaverse are often mentioned in the same breath. Yet, they are not the same thing. The Metaverse has to do with immersive digital worlds that are typically experienced as a virtual or enhanced reality. Web3 has to do with new technologies and concepts like decentralization and token-based economics. There is a considerable overlap, of course: virtual marketplaces that are part of the Metaverse rely heavily on web3 technologies. But one of the main differences is who the proponents of each are. The Metaverse is being promoted by Big Tech companies who see it as a way of maintaining their control, while Web3 is being promoted by investors and venture capitalists who want to cash in on our digital lives.

The relevance of web3 for lawyers

A recent conference in Austin, Texas, concluded there are nine areas where web 3 and web 3 technologies are already relevant for lawyers.

  1. Copyright laws regarding non-fungible tokens, or NFTs
  2. virtual real estate – lease or buy
  3. virtual event planning
  4. cryptocurrency theft
  5. NFT due diligence
  6. prosecuting crimes in the metaverse
  7. starting or ending a business in the metaverse
  8. metaverse marriage and divorce
  9. web3 skip-tracing / due diligence

It is worth pointing out that there already is a need for blockchain and cryptocurrency lawyers, where the demand outweighs the offer. It should also be clear that having knowledge about Web3 and the Metaverse gives lawyers a competitive advantage.

 

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Legal IT

Lawyers in the Cloud

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The American Bar Association recently published the results of its 2017 Legal Technology Survey. One of the key findings that really stand out, is that in 2017 more than half of the lawyers are using cloud computing. Where in 2015 only 30%, and in 2016 38% of lawyers were active in the cloud, that number has jumped to 52% in 2017.

The enthusiasm for cloud-based solutions is not shared equally by all lawyers. As was the case in previous years, cloud services are most embraced by solo and small law firm (2 to 9 lawyers), with 56% in both groups relying on cloud computing. For medium sized law firms, the number stands at 52% who are using web-based computing. Large law firms trail behind, with only 42%. As the graph below shows, for each group, there has been a steady growth in cloud adoption over the last few years.

Lawyers in the cloud
Percentage of Lawyers using Cloud Services in 2017

Overall, 31% of lawyers make online backups of their data. Again, the solo lawyers lead the way with 48% of solo lawyers making cloud back-ups.

The predictions for 2018 are that the popularity of cloud-based solutions will continue to grow. In a recent panel discussion, the panel members were asked to make legal technology and management predictions for 2018. Four out of nine members mentioned an accelerated adoption of legal cloud services. Overall, resistance to adoption is decreasing among lawyers as most providers of cloud-based services for lawyers have been on the market for a long time, and have plenty of experience. Because most lawyers are using Office 365, they have also become more familiar with using cloud services. One panel member observed that cloud services have become more all-encompassing and a lot less trouble and expensive than on-premise solutions.

The American Bar Association also asked why lawyers were using the cloud. The most important reasons are:

  • Easy browser access (73%). Everybody can use a browser and there’s at least one installed on every device with online access.
  • 24/7 availability (64%). You can have access at any time, from anywhere.
  • Low and predictable cost (48%). The entry fees for cloud-based legal solutions are fairly low, and they are typically billed either monthly or annually, making the cost predictable. Add to that, that you need to invest far less in hardware infrastructure.
  • Robust data backup and recovery (45%). If you use cloud-based solutions, the service provider typically takes care of data backups, and they have the in-house expertise to quickly get everything back up and running if needed. They typically also have disaster recovery plans (and the necessary infrastructure) that can be implemented instantly, or on very short notice.
  • Ability to quickly get it up and running (38%). Typically, all you need is a device with access to the Internet, and your subscription to the cloud service to get started. No need to buy, install or configure new hardware or software on premises.
  • Elimination of IT & software management requirements (30%). This is an important consideration for mainly solo lawyers and small law firms, as they don’t have to invest in managing an entire IT and software infrastructure. The cloud service provider makes sure the software works and is up to date.
  • Better security than can be provided in-house (25%). When you host your own servers, and provide Internet access to them, security is a constant concern. It’s not obvious to always have the latest patches, a perfectly configured firewall, etc. Because it’s part of their core business, external cloud service providers are experts in secure provision. More likely than not, your data will be safer in the cloud.

It is also worth noting that when using cloud-based services, you’re staying ahead of the curve, without having to worry whether the technology will cause any problems. This can be used as a business advantage. Cloud services also can give your law firm extra flexibility, which, again, can be used as a business advantage.

 

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Legal IT

An Introduction to Content Marketing for Lawyers

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In previous articles we mentioned the importance of content marketing. So, what is it? Why is it important, and is it important for lawyers, too? In this article, we explore some of the basics of content marketing for lawyers.

What is content marketing? The Content Marketing Institute defines content marketing as “a marketing technique of creating and distributing valuable, relevant and consistent content to attract and acquire a clearly defined audience – with the objective of driving profitable customer action.” The Wikipedia defines it as “a form of marketing focused on creating, publishing and distributing content for a targeted audience online. It is often used by businesses in order to attract attention and generate leads, expand their customer base, generate or increase online sales, increase brand awareness or credibility, and engage an online community of users.”

So, content marketing is about attracting customers. Traditionally, the buying process consisted of four steps: 1) a potential customer or client would become aware of a need, 2) he or she would next research what solutions are available, 3) would then consider and evaluate the options, and 4) would finally buy a specific product or service. In this traditional process, content marketing is effective for the first two stages of the process in that it helps raise awareness of solutions and educates consumers about products or services.

These days, however, legal consumers are online consumers, and in an online world, things go slightly differently. In previous articles, we pointed out that successful online marketing strategies rely on the ACT methodology: Attract, Convert, and Transform. (See our article on ‘Why Social Media Matter’ for more information). Where online marketing mainly differs from traditional marketing is that the conversion process consists of two steps: before turning a website visitor into a customer or client, that visitor must be turned into a content consumer first. And that is where the role of content marketing becomes crucial. And, yes, this applies to lawyers, too.

Unlike a once-off advertising campaign, content marketing is a long-term strategy, based on building a strong relationship with your target audience, by giving them high-quality content that is very relevant to them on a consistent basis. In doing so, you build awareness, trust, and loyalty among your readers.

Joleena Louis, e.g., is a matrimonial and family law attorney, who uses her blog to give potential clients free legal advice. She found that this benefited her in three ways: It positions her as an expert and authority in her practice area. It helps her get more clients. And it gets her loyal followers and free marketing.

There are many ways one can present potential customers with valuable content. Amongst the most popular ways are infographics, blogs, podcasts, videos, and books. Other examples include news flashes (in a blog, email or newsletter), white papers, e-books, email newsletters, case studies, podcasts, how-to guides, question and answer articles as well as live sessions, photos, FAQs, discussion groups, and testimonials.

So, how does one start? You basically have two options: you can outsource it, or you can do it yourself. If you want to do it yourself, blogging is the easiest option. (We previously published an article on starting a blog). You can start your own blog on your website, or you can use a dedicated blogging platform. You also have the option to publish articles on LinkedIn, Facebook, or Medium. And once you published your article, you can use social media campaigns to alert people that new content is available.

To attract readers, your content must meet a need or interest of your readers. In other words, it must add value for your readers. Your content also must stand out. In Forbes Magazine, Josh Steimle wrote: “Content is good if they genuinely want to read it. Content is great if they’re willing to pay to read it. If you want to see great examples of content, just look at what you’ve paid to read, watch, or listen to lately. (…) If you’re not sure how you can add value through content marketing, ask your existing customers what kind of content you can produce that would be helpful to them now, or would have been helpful to them when they were looking for your product or service. They’ll tell you.”

Finally, the content you present to your audience must not be an academic presentation. Research has shown that what works best is to use informal and engaging story telling techniques.

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Legal IT

The New Legal Career

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Mark Cohen recently published an interesting article in Forbes Magazine on The New Legal Career. He observed how legal careers have evolved in three significant ways: 1. legal practice is now the delivery of legal services; 2. technology brings lawyers back to basics; and 3. legal delivery presents great opportunities. It’s worthwhile exploring these evolutions further.

Legal practice is now the delivery of legal (and other) services

For centuries, consulting a lawyer was equal to consulting an expert, who could give advice, and perform specific tasks, including legal representation, in his or her field of expertise. In the last few decennia, all of that has changed. Law practices are more and more being run like businesses, and as a result focus more on the delivery of legal services. And their activities are no longer limited to just legal services. As Mark Cohen points out: “legal delivery has been transformed into a three-legged stool supported by legal, technological, and process expertise.” We are dealing with “a structural and process change that involves the interaction of professional expertise, technology and process to leverage and scale the delivery of professional services.”

A while ago Deloitte published the results of its survey on “Future Trends for Legal Services.” One of its key findings was that the market for legal services is moving and growing. Another one was that the expectations that customers had of their legal services providers were evolving and expanding, too. The report concluded that there was a need for a new type of legal service provider.

The same sentiment was echoed in an article, published in May 2017, in Law.com, on “The 12 Core Competencies that Define the Future of Legal Operations”. The author concluded that, these days, the consumers of legal services expect law firms to also be proficient at:

  • Strategic planning;
  • Financial management;
  • Vendor management;
  • Data analytics;
  • Technology support;
  • Alternative support models;
  • Knowledge management;
  • Growth and development;
  • Communications;
  • Global data governance/records management;
  • Litigation support; and
  • Cross-functional alignment.

This implies that the traditional advice that lawyers should develop a singular deep expertise (i.e. an I-shaped profile) is outdated. Instead, lawyers should look to combine a legal expertise with a broader skill set (i.e. a T-shaped profile), which includes effective interpersonal and negotiation skills, business understanding and judgment, and empathizing with and understanding client’s psychological needs.

The Role of Technology

Lawyers have an unprecedented access to new technologies, like law firm management software, eDiscovery, Artificial Intelligence, and others, which are available to assist them in their profession. These technologies enable, i.a., lower cost delivery, budgeting, fee analysis, rapid communication, and understanding companies and industries.

In the last year, there has also been a dramatic proliferation in intelligent legal chatbots, and robot lawyers, which are offering legal services. While these may seem to be competing with law firms, it is worth pointing out that this type of automation takes over certain tasks, not jobs. With the currently available technology, only 23 percent of a lawyer’s tasks can be automated.

The result of these technological evolutions is that they allow lawyers to focus on more essential tasks, like engaging with clients, exercising professional judgment, providing counsel (not just in legal matters but more holistically), engaging in client representation before tribunals, or negotiating key commercial transactions.

The advanced use of technology has another beneficial effect: by increasing efficiency and productivity, Legal Tech helps make the law more affordable, and therefore more accessible.

Legal delivery presents great opportunities

Several of the articles mentioned above showed how law firms are confronted with a new demand for both legal and non-legal services.

Mark Cohen: “The new legal career presents a wealth of opportunity for those that combine practice excellence, ‘contemporarily relevant’ skills (process and project management, marketing, business basics, etc.), and people skills. (…) A proliferation of delivery models, products, markets, and opportunities will result in the creation of new jobs, new collaborative opportunities, and a global marketplace.”

The changing market offers other opportunities, as well. In the last 5 years, e.g., there has been a 484% rise in Legal Tech patents. Worldwide, 579 patents relating to new legal services technology were filed worldwide in 2016, up from just 99 patents in 2012. Many of these were filed by lawyers-turned-entrepreneurs. An interesting article in Entrepeneur magazine, on 14 June 2017, mentions 10 such examples of lawyers who are creating a revolution in Legal Tech:

  1. Haley Altman created Doxly, an automated document and transaction management platform
  2. Noory Bechor founded LawGeex, which specializes in AI contract review
  3. Ned Gannon created eBrevia, which provides contract due diligence and lease abstraction
  4. Michael Mills started Neota Logic Inc, an AI-driven, no-code platform for intelligent automation of expertise, documents and processes
  5. Chrissie Lightfoot founded Robot Lawyer LISA, a Legal Intelligence Support Assistant (AI)
  6. Nehal Madhani started Alt Lega to manage global IP filings
  7. Joseph R. Tiano created Legal Decoder, which provides analytic tools and data to manage costs of outside counsel
  8. Michael Sander founded Docket Alarm, which provides legal search, analytics and litigations alerts for the United States court system
  9. Andrew Arruda co-founded, Ross Intelligence, an AI legal assistant and research tool, leveraging IBM Watson
  10. Noah Waisberg started Kira Systems, which helps enterprises identify, extract and analyze business information from unstructured contracts

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Legal IT

Digital Marketing for Lawyers

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The Wikipedia defines digital marketing as an umbrella term for the marketing of products or services using digital technologies, mainly on the Internet, but also including mobile phones, display advertising, and any other digital medium.

In 2017, digital marketing is a must, and this applies to lawyers, too. The following statistics, updated for 2017, explain why this is the case:

  • 96% of people with a legal issue use the Internet first to find answers with regard to their problem.
  • 38% of people looking to hire a lawyer turn to the Internet first. (29% ask a friend or relative, 10% go directly to the local bar association, 4% rely on business directories like the Yellow Pages).
  • Once legal consumers have narrowed down their search to one or more potential lawyers, 74% of all legal consumers will visit that lawyer’s or law firms’ websites first, before taking action.
  • 74% of all legal consumers end up contacting a lawyer they found on the Internet, and of those 74%, 87% end up hiring that lawyer.
  • 72% of people looking for a lawyer hire the first lawyer they speak to.
  • 70% of law firms have generated new cases through their website in the last year.
  • Potential clients for law firms spend on average 16 minutes per hour on various social media platforms. (In other words, people looking for a lawyer spend just over a quarter of their time doing so on social media).
  • More than half of interviewed law firms grew their number of clients due to increased social media engagement.
  • When legal firms use video content for marketing purposes, web traffic from search engines increases by 41%. The current prediction is that by 2020, video will make up 82% of all consumer internet traffic.

In other words, legal consumers are increasingly using digital media to find and hire lawyers, and you are missing out on potential clients if they can’t find you on those digital media.

So, what tools does a lawyer have, to engage in digital marketing? The most important ones are:

  • A website,
  • A blog,
  • SEO (Search Engine Optimization),
  • Social Media, and
  • Reputation Management

Let us explore those briefly.

Website: in a previous article we pointed out that websites must have a quick load time, be mobile-friendly, contain relevant imagery, and have a modern design, and easy navigation. To convert visitors into content consumers and clients, the texts on your site must be client-focused, and must convey clarity, trust, relatability, and differentiation (i.e. they must explain why a potential client should choose you over others). Adding personal information helps build trust and relatability.

In 2017, having high quality video on your website dramatically increases your chances of receiving traffic, and of making a good first impression. Websites should include a ‘call to action’, i.e. encourage visitors to do something (subscribe to a blog or newsletter, follow you on social media, etc.). Make sure you can easily be contacted: have your telephone number and email address clearly visible, and include a contact form.

Blogging: in one of our previous articles, we showed how to start your blog. One of blogging’s biggest advantages is that it accelerates relationships and helps establish your reputation. Develop a strategy for your blog: write about items that are you passionate about, define your niche, and know who your target audience is. For lawyers, it is generally recommended that your blog is independent from the website of your law firm. (If it’s part of the website, it’s often perceived as a sales gimmick). Listen to your audience and engage with them. Remember to write to the medium, i.e. the writing style for a blog is typically informal. And make sure to build social media equity: your blog needs to be published or promoted on social media.

SEO: Search Engine Optimization is the mystical holy grail of success in reaching your target audience on the Internet. How does it work? Search engines scan your website and blog, etc., then create an index, and finally rank the results. There are many factors that influence that ranking. Some of the most important on-page factors include the URLs and the site architecture, the title tags, the body content, the internal linking structure, as well as page load speed. The most important off-page factor consists of the backlinks to your site, which include the backlinks on social media. For lawyers, local ranking is important, too, as people typically look for a lawyer in the neighbourhood. NAP information, i.e. Name, Address, and Phone, must be easy to find. Other factors that influence ranking are mobile-friendliness, and having a disclaimer, a privacy statement, and a site map.

Social Media: in two previous articles, we first explained why social media matter, and provided a short introduction on how to use them. Using social media to attract clients by engaging with them is fast, free, and it works. Find out where your audience is and where your messages will carry the most impact, and focus your efforts there. Using social media can be a balancing act, where you don’t want to come across as merely promoting your business: discuss general legal content, but also discuss firm activity outside of legal representation, and reveal something about your personality.

Finally, Reputation Management is an often-overlooked aspect of digital marketing. A first piece of advice would be to build a ‘wall of content’: provide enough information that potential clients want to retain you. Provide not only testimonials but also customer reviews, and allow clients to give online feedback. (Make a habit of asking your clients to give you a review. Online feedback is free research into how your clients perceive you). It also vital to learn how to respond to negative feedback: done correctly, a response comment communicates responsiveness, attention to feedback, and strength of character.

 

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Legal IT

Lawyers and Tech Competency

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Lawyers and technology often have a strenuous relationship, with many lawyers displaying a distinct reluctance to familiarizing themselves with new technologies. Still, tech competency not only provides a competitive edge, but, by now, for most lawyers it also has become an ethical requirement.

In the US, e.g., the American Bar Association’s House of Delegates formally approved a change to the Model Rules of Professional Conduct in August 2012. The new text makes it clear that lawyers have a duty to be competent not only in the law and its practice, but also in technology. Following this change, a lack in tech competency could lead to disciplinary action for misconduct.

The new text of Comment 8 to Model Rule 1.1, which pertains to competence, now states (emphasis added):

To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.

The rule requires lawyers to keep up with the wide range of technology that can be used in the delivery of their services. This means they must stay abreast of the potential risks and benefits associated with any technology they use. It applies, e.g., to Word processing software, email services, security, including safeguarding confidential information, and practice management tools. In some cases, it may even apply to e-discovery or metadata analysis. Casey Flaherty gives the example that a lawyer should probably know how to convert document to PDF, or at least know how to create a document that is completely ready to be converted. In another example, he mentions that a lawyer who is working on a contract with numbered clauses and delegates it to another lawyer should know how to use automatic numbering and cross-referencing.

The competence clause adopted by the American Bar Association is a model rule, which means it must be adopted in a state for it to apply there.  By now, 26 States have done so, and impose an ethical duty of legal tech competence.

As a model rule, each state can implement the rule as it sees fit. In Florida, e.g., this implies, as of 1 January 2017, that all lawyers as a part of their Continuing Legal Education, are required to spend a minimum of three hours over three years in an approved technology program. California, on the other hand, requires lawyers to have knowledge of e-discovery. Indeed, in an age when any court case can involve electronic evidence, every Californian attorney who steps foot in a courtroom has a basic duty of competence with regard to e-discovery.

The rule does not require lawyers to become a technology experts, as they can use the assistance of advisors who have the necessary knowledge. Florida’s competence rule, e.g., states that “… competent representation may involve a lawyer’s association with, or retention of, a non-lawyer advisor with established technological competence in the relevant field.”

Coming back to the example with regard to California and e-discovery, it means that a lawyer in California could face disciplinary action for not properly handling the e-discovery aspects of a case. Robert Ambrogi, in Above the Law, puts it as follows:

That is the key: You need to know enough about e-discovery to assess your own capability to handle the issues that may arise and, if you lack sufficient capability, you can effectively “contract out” your competence to someone else. That someone else could be another attorney in your firm, an outside attorney, a vendor or even your client, the opinion says, provided the person has the necessary expertise. (You cannot, however, contract out your duty to supervise the case and protect your client’s confidentiality.)

By now, two courts have already confirmed that tech competency is required for lawyers. One judge stated that “Professed technological incompetence is not an excuse for discovery misconduct.”

Because of the growing demand for tech-savvy lawyers, several Law School Deans are pushing to add tech to the curriculum. They generally agree that “law schools are a bit remiss in not offering more technology-based training to law students and that they should include legal technology training in the current law school curriculum. The roundtable concluded with the collective position that all law schools in the U.S. owe it to their student bodies to introduce technology-oriented topics into the curriculum in some form or fashion.”

 

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Legal IT

Mobile Apps for Lawyers

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The mobile revolution changed the way we work and interact with each other. It also has provided lawyers with plenty of new, useful tools for their mobile devices. In this week’s article, we have a look at some interesting apps for lawyers. We’ll first focus on specifically legal apps, and then continue with more general apps that lawyers are also using to increase their productivity. If there are specific ones that stand out, we’ll mention them by name.

Legal Apps

Legal Case Management Software

Virtually all major legal case management software packages offer apps for mobile devices. Typically, these apps do not offer the full functionality of the package, but rather focus on the most commonly used actions: they provide access to case files, contacts, agendas, etc.

Legal Research

Many publishers of legal documentation offer apps and/or mobile access to their information. The same applies to some legal dictionaries.

Trial Presentations

If, as a lawyer, you do a lot of litigation, there is an app that can be used in court that is specifically designed to organize, annotate, and present evidence. TrialPad, www.litsoftware.com/trialpad/, includes powerful presentation tools that call out sections of documents, highlight text, create side-by-side document comparisons You can edit and show video clips, add exhibit stickers to documents, search document text, etc. (iOS devices only).

Other Apps to increase productivity

Apart from the specifically legal apps, there also are other apps that are very useful for lawyers. These are some of the most commonly used ones, arranged by the purpose of the app. Most of these apps store your information in the cloud, so it is available anywhere, at any time, and synchs between devices in real time.

Note taking

Evernote (evernote.com) and Microsoft’s OneNote (www.onenote.com) are the two apps that are most used for taking notes. Both offer excellent tools to organize, search and retrieve notes, and are available in different versions: web version, desktop applications, mobile apps.

For those who prefer to take handwritten notes, there even are apps for that, though most of them are available for iOS devices only.

PDF Annotation etc.

There are dozens of apps available that allow you to view and annotate PDF documents on your mobile device. Most offer the same core functionalities (view, annotate, highlight).

Research

One app that isn’t specifically designed for legal research, but that is frequently used to that purpose, is Feedly, feedly.com/i/welcome.  It allows you to keep track and organize content and documentation, to add your comments, and to share both (information and comments) with others. (Slack, mentioned further down, also could be used for legal research).

Dictation

Lawyers often dictate texts, and there are plenty of apps for that, too. They largely fall in one of two groups: they can either just record what you’re saying, or they can convert speech to text, in which case they’re usually language dependent.

Messaging / Communication

One of the most used apps for messaging and communication is Skype (www.skype.com). The free version allows video conferencing for up to 10 simultaneous users. Also commonly used, but only available for iOS devices, is FaceTime.

In a previous article, we pointed out that a lot of communication between lawyers and their customers (and suppliers) happens through Social Media: Facebook / Facebook Messenger, Whatsapp, Twitter, LinkedIn, etc.

Also worth having a look at, is Slack (slack.com): it calls itself a messaging app for teams and collaboration. You can have discussions, share documents, etc. It can also be used for research.

Storage

There are many reasons to store information in the cloud: as a backup, to be accessible anywhere at any time, on multiple devices with real-time synchronization, etc. All major cloud storage service providers have apps for mobile devices: Box, Dropbox, Google Drive, OneDrive, etc.

Task Management

If you are using legal case management software, you probably won’t need a separate app to manage your tasks, as it will be included in the package. If it is not, you may want to have a look at Todoist, todoist.com.

Automation

And finally, there is Zapier, zapier.com/. If you perform certain tasks routinely, then there’s a chance Zapier can automate that process for you. It connects your apps and automates workflows. Zapier can move info between your web apps automatically.

 

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Legal IT

Why Social Media Matter

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Generally speaking, lawyers tend to be slow to adopt new technologies. Social media are no exception: many lawyers still, and incorrectly, assume there are no real benefits to using social media. In previous articles, we discovered that the new legal consumer behaves differently, and operates in an online paradigm. A three-pronged approach was suggested to attract the new legal consumers. The keywords were: cultivate / offer / engage. Many websites focus mainly on the offer aspect. Social media play an important role in the both the cultivate and engage aspects.

In order to elaborate on this, it is good to pay some attention first to social media marketing in general. You probably already have a website, but somehow the percentage of visitors to your website that results in actual new customers is rather low. That is because the old ways of turning visitors into customers are not the most effective in an online paradigm. In the new online marketplace, everybody offering products or services must realise that they also are publishers, and that potential customers are content consumers. The way to turn website visitors into customers is to turn them into regular content consumers first.

In her book, The Zen of Social Media Marketing: An Easier Way to Build Credibility, Generate Buzz, and Increase Revenue Shama Kabani explains the ACT Methodology for social media marketing: ACT is short for Attract – Convert – Transform.

act-methodology
ACT Methodology: Attract-Convert-Transform

A stands for Attract. You want to draw attention or stand out. Practically, this means attracting traffic to your website, as well as to your presence on social media. Needless to say, you need to be active on social media, if you want to use them as a channel to attract visitors.

C is for Convert. Conversion happens when you turn a stranger into a consumer or a customer. As mentioned above, there is a difference between the two. By converting a website or social media visitor into a content consumer, you create a relationship with him or her. Over time, this relationship increases the likelihood of that content consumer becoming a customer, provided you present them with quality content. The more is at stake, the longer this may take. This means that you constantly have to work to convert people into consumers and customers. Social Media are a great tool for turning strangers into content consumers.

T stands for Transform. Transformation is when you turn past and present successes into magnetic forces of attraction. In a previous article, we found out that many people looking for a lawyer consider online reviews and testimonials important. Indeed, testimonials and reviews by existing customers help attract and subsequently convert new consumers and costumers. Social Media provide an extra, and important, platform for your existing customers to provide you with the glowing feedback which will help to do so.

As a content provider, you must think of everything you publish online in function of one of the three aspects of the ACT methodology: how does what I put out there help attract, convert or transform? The same applies to the three-pronged approach of cultivating, adapting your offer and engaging with the new legal consumers: each has to be done with the purpose of attracting, converting or transforming.

Social media are very well suited to cultivate the new legal consumers and engage with them. Media like LinkedIn, Facebook, Google+, or Reddit, e.g., are ideal platforms to offer assistance, or to start or take part in discussions. If you want to demonstrate your expertise, a blog on your website is not the only possible way to publish specialized articles. Social media like LinkedIn, Facebook, Google+ also offer the same ability, with the added benefit of reaching a larger audience.

In summary, social media have a role to play in attracting and transforming new consumers and customers, and are crucial in converting strangers into content consumers. They offer a platform to cultivate the new legal consumers and to engage with them.

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