Defending People

the tao of criminal-defense trial lawyering

Sixteen Rules for Lawyers Who (Think They) Want to Market Online

1. If you’re look­ing for The Promised Land, you’re in the wrong place. This is the Wild West, Pil­grim.

2. There are clients online—sophisticated, mon­eyed clients—but they don’t find lawyers the way you think they do. That is, they don’t find lawyers the way the mar­keters want you to think they do. Clients—sophisticated clients, clients with money—who use the inter­net to find lawyers don’t google “Hous­ton crim­i­nal lawyer” and pick the first lawyer they see. Clients get a few names from one place or another and then google each one. Google your name: what do you see? Yeah, that’s what your poten­tial clients see too.

3. As a result, online (as in the real world) your rep­u­ta­tion is every­thing. In the begin­ning, you might think you can cre­ate your own rep­u­ta­tion, regard­less of the truth. Jason Sughrue thought that too (go ahead, google it; I’ll wait).

4. But this is not the Yel­low Pages. Here, con­tent is king. If you write good, inter­est­ing (not “I’m the best!”) con­tent, peo­ple will link to it and dis­cuss it. If peo­ple link to it and dis­cuss it, more peo­ple will link to it and dis­cuss it and pretty soon it’ll be part of your reputation.

5. No, the State Bar is not watch­ing very closely what you say here, but oth­ers are. The inter­net may be mostly law­less, but it is not with­out order. If you write dis­hon­est con­tent, peo­ple will link to it and dis­cuss it and pretty soon it’ll be part of your reputation.

6. And, even more than you don’t want a griev­ance filed against you, you don’t want to become a sub­ject of con­tempt or deri­sion in the blaw­gos­phere.

7. So tell the truth. Does this really need to be said? On the inter­net, nobody knows you’re a dog. So what? You’re not a dog, and if you lie you will get caught. Mis­rep­re­sen­ta­tion is lying. Exag­ger­a­tion is lying. Leav­ing reviews for your­self is lying. Pre­tend­ing that you wrote some­thing that you didn’t is lying, even if you paid some­one to write it for you (okay, to be fair, maybe he wrote it himself—maybe he thinks he’s roy­alty or has mul­ti­ple per­son­al­ity disorder).

8. Also, do not spam. If you don’t know whether you are spam­ming, you’d bet­ter fig­ure it out fast. In the Wild West of the inter­net, it’s like walk­ing down Main Street with your yam­schwaber hang­ing out. This will not help your rep­u­ta­tion: nobody wants to hire the lawyer who strolls down the thor­ough­fare wag­gling his yamschwaber.

9. Don’t let other peo­ple lie or spam for you either. In Eric Turkewitz’s for­mu­la­tion, “Out­sourc­ing mar­ket­ing = out­sourc­ing ethics”:

When lawyers out­source their mar­ket­ing to oth­ers — be it a “search engine opti­miza­tion” com­pany, an attor­ney search com­pany, or some hybrid — they are hir­ing agents to do their adver­tis­ing. Agents. We learned about that stuff in law school. The con­cept has a long and deep legal his­tory. The web didn’t make it go away.

10. Because word of eth­i­cal breaches spreads like wild­fire, out­sourc­ing ethics = out­sourc­ing rep­u­ta­tion. If your agents break the rules you, you will get caught and blamed, and it will not soon be for­got­ten. There are quick draws who will not hes­i­tate to brand lawyers ulti­mately respon­si­ble for spam as spam­mers.

11. If you must out­source your mar­ket­ing, know what your agents are doing. Hous­ton criminal-defense lawyer [name redacted] prob­a­bly didn’t real­ize it at the time, but his mar­ket­ing bud­get paid for some­one to leave this com­ment spam:

If it is your first offense, you should blow. The money you would have to pay a lawyer to win at trial or get a good plea bar­gain would prob­a­bly be equal to the total fines and costs if you blew and just pled guilty, right?

When you hire the mar­keters, you’re play­ing by their eth­i­cal rules. Rules like HighlySearched.com’s:

It is our high­est pri­or­ity is to help our clients grow their busi­ness and make more money. That is what every­thing boils down to and why not!

Why not? That I have to answer that ques­tion makes me want to drink heav­ily. Because we’re lawyers, dif­fer­ent rules apply to us than to those sell­ing penis-growth drugs. Since our own high­est pri­or­ity is not to grow our busi­nesses and make more money, it can’t be our agents’—not, at least, if we aren’t closely super­vis­ing them.

12. Don’t trust the mar­keters. Even if the mar­keters make what sound like the right noises (“We are a strictly ‘white-hat’ SEO firm and will never use unsa­vory or risky tech­niques”), they may be pro­mot­ing you by spam­ming blogs with com­ments, linked back to your site, like this actual spam com­ment that jennifer@highlysearched.com tried to leave at Sim­ple Jus­tice on behalf of one of her Hous­ton DWI lawyer clients:

The dark tint can be a method used by crim­i­nals to get away with crim­i­nal activ­ity, so in this case it is under­stand­able that it should be against the law if it is too dark. How­ever, many offi­cers use this as an excuse to pull over inno­cent people.

… which just goes to show that either HighlySearched.com are lying (hey, the truth can be of no more than sec­ondary impor­tance when your high­est pri­or­ity is to make money!) or they don’t under­stand which online tech­niques (like comment-spamming rep­utable blogs in your field of prac­tice) are unsa­vory or risky. Either way, do you want your rep­u­ta­tion in their hands?

So what is an eth­i­cal lawyer to do, if he can’t trust the mar­keters, those sup­posed expert guides to the arcane secrets of the internet?

13. Talk to peo­ple who arrived before you. That is, lawyers whom you respect in the real world who also hap­pen to have some online pres­ence. They aren’t going to give you rosy promises of unlock­ing the doors of inter­net wealth for you. They will prob­a­bly talk to you about blog­ging, about pro­duc­ing con­tent, about telling the truth, about join­ing the con­ver­sa­tion, about being patient.

14. Shut up and pay atten­tion. Or shut up and lis­ten. Or shut up and read. You won’t learn any­thing by mak­ing noise, but you can do grave harm to your rep­u­ta­tion by mak­ing noise before you under­stand how things work in the Wild West.

15. Don’t despair. This is a new world, being con­stantly remade. Google revises its algo­rithm peri­od­i­cally to stay ahead of the mar­keters who are try­ing to game it (the more game­able it is, the less use­ful it is to con­sumers). The SEO tricks that work for the mar­keters this year will not work for them next year. As Google gets bet­ter and bet­ter, con­tent (which, recall, is already king) will become more and more important—keeping read­ers engaged will mat­ter even more, and mar­keters’ tricks will mat­ter less. Patiently and with­out expec­ta­tion of pay show what you know, how you think, and who you are, and—if you’re worth a damn—people will find you and start to trust you. Just like the real world.

Finally,

16. Don’t say I didn’t warn you.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

12 Responses to “Sixteen Rules for Lawyers Who (Think They) Want to Market Online”

  1. Nice post. I sup­pose it’s fairly implied here, but I would add one more: Crawl before you walk. Can you imag­ine a lawyer with lit­tle or no trial expe­ri­ence adver­tis­ing for felony cases or brain injury cases? Or my favorite–lawyers with no expe­ri­ence in class actions adver­tis­ing for them. Hap­pens all the time, as you know. But I imag­ine that many untrained and inex­pe­ri­enced young’uns with JDs and bar tick­ets don’t under­stand the problem.

  2. I think this is what appeals to begin­ning attor­neys so much about the inter­net, though. They feel like this is a free forum and since every­one tra­verses the web all day, every day, they’re get­ting their name out there to so many peo­ple who could become clients.

  3. Mickey Fox says:

    yam­schwaber”??? LOL

    And nice post. I think this applies equally to all pro­fes­sions, not just attorneys.

  4. Brad Frye says:

    I can only wish that I had read this a year ago!!
    (Yes, I promise to be a more fre­quent vis­i­tor.)
    Thanks for the wis­dom and ideas.
    Brad Frye

  5. […] could have saved him­self a lot of heartache by read­ing my Six­teen Rules on November […]

  6. Don Roch says:

    I googled yam­schwaber and found only two links– the first to this site and the sec­ond to an appar­ently mali­cious site that is try­ing to get peo­ple to buy episodes of Wild Wild West. For a sec­ond there I thought the line in the post was from the series.

    This and the “com­ment spam” post are the start­ing point of my firm’s online mar­ket­ing efforts.

    • Mark Bennett says:

      Don, thanks for com­ment­ing. The “Wild Wild West” link was some­one steal­ing this post. That’s what I get for using the words “wild west” in a post. Yam­schwaber may be a Ben­net­tism (prob­a­bly should be spelled jam­schwaber, since it’s apparently-fake Ger­man). I guess you can tell from the con­text what it means.

      The more you put into the inter­net, the more you’ll get out. Use your tal­ent and knowl­edge to pro­duce orig­i­nal and inter­est­ing con­tent, and the world will beat a path to your door. Take short­cuts and surf on other people’s hard work, and the world will just beat you.

      Mark.

  7. Mr. Ben­nett,
    I’ve just dis­cov­ered your blog and absolutely love how can­did you are! Your six­teen rules for online mar­ket­ing are right on (except for the part about not trust­ing mar­keters, we’re not all the same as attor­neys are not all the same).

    I’m won­der­ing if you could com­ment on this arti­cle in Busi­ness Week about “cyber­jack­ing” in Wis­con­sin. In this case, I do think the attor­ney should NOT have trusted his marketer.

    http://investing.businessweek.com/research/stocks/news/article.asp?docKey=600-200911200211KRTRIB__BUSNEWS_3946-6TPKPDDSEGP402GU6TC8788TVN&params=timestamp%7C%7C11/20/2009%202:11%20AM%20ET%7C%7Cheadline%7C%7CSponsored%20link%20gone%2C%20but%20lawyers%20continue%20duel%20on%20search%20engine%20lawsuit%20%5BMilwaukee%20Journal%20Sentinel%5D%7C%7CdocSource%7C%7CKnight%20Ridder/Tribune%7C%7Cprovider%7C%7CACQUIREMEDIA%7C%7Crealtedsyms%7C%7C%7CUS%3BGOOG%7CUS%3BYHOO&ric=YHOO.O

    I hope the link works. If it doesn’t just Google “Habush suing Dun­phy Wisconsin”

    Thanks

  8. Keith Nickerson says:

    Speak­ing of Jason “ADA” Sughrue, I’ve noticed his web­site has been down for quite some time now. Did you run him out of cyber­space? :-p

  9. […] can’t lend my, or this website’s name to any other effort for eth­i­cal rea­sons, which Mark Ben­nett and  Eric Turke­witz explain bet­ter than I ever […]

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