If you've come to this post expecting a checklist of criteria by which to evaluate your current marketing efforts or implement a new marketing initiative, then you've come to the wrong place.  Those kinds of checklists (especially a task list) are useful to be sure, because they make it easier to delegate marketing to a subordinate or assistant so that it doesn't go by the wayside when your schedule picks up.  But today, I'm addressing another category of checklist:  the kind that lawyers use, or at least should use, that outline the steps or procedures involved in handling the substance of a case.

If the "checklist" concept sounds familiar to you, it's because it's the focal point of Anul Gawande's book, The Checklist Manifesto: How to Get Things Right, which has been the subject of many-a-recent blog post.  I recently finished the book myself and was convinced by Gawande's thesis:  that the "humble" checklist can minimize error in carrying out complex tasks by helping with memory recall and setting out the minimum necessary steps in a process.  Moreover, by committing routine procedures to a hard and fast list, a checklist frees up professionals to devote more time to the kinds of judgment calls that they always have to make, whether there's a list in place or not.

Gawande draws on examples from medicine, engineering and aviation to demonstrate how checklists can minimize error.  In the medical profession for example, a study showed that by using a checklist for placing a central line (comprised of seemingly mundane tasks like wearing a mask or body-draping a patient), the  the ten-day infection rate was reduced from 11% to zero.  But you can probably imagine situations in your own practice where a checklist - such as the essential elements of a personal injury complaint to a list of documents required to file a bankruptcy petition - could also help avoid error and eliminate the risk of dismissal of a case.

OK.  So you're convinced of the importance of checklists.  But what's that got to do with marketing?  Plenty.  Consider these potential ways to use checklists to market your practice educate your clients and keep your firm at the forefront of their mind.  Here are some ideas:

1.  Create a task-oriented checklist of all of the steps involved in a particular type of proceeding -- for example, a typical divorce dispute.  Post the checklist on your website or blog, or publish it online as a mini-ebook.  The checklist will help clients understand all of the steps involved in even a so-called simple divorce.  As a result, the list can help weed out prospects who aren't really serious about divorce, but nevertheless, eat up your time at a free consultation.  And where a client does hire you, a task-oriented checklist helps clients know what to expect, and also familiarizes them with the amount of work that their case may potentially entail - which can help reduce complaints about excessive fees down the line.

2.   Create a client "to do checklist" - for example, a list of documents that clients should bring to the first meeting or gather together for a bankruptcy filing or preparation of an estate plan.  A client to do checklist will help you to market your practice because it makes clients' lives easier.  Going through a bankruptcy or preparing an estate plan is stressful enough for busy clients; it's even more stressful if they need to keep providing additional information because they forgot to write down a particular item that is required.  Clients will appreciate a checklist that they can work from and they'll appreciate it even more if you offer it on your website and in both paper and computerized format, so that they don't have to keep calling for another copy if they lose the list.  Satisfied clients will provide positive testimonials, which if accurate and sincere, are one of the most effective ways to attract new clients.

3.  Create a post-engagement checklist for clients to use after you've finished the matter for which you were retained.  Even after you've finished a case for a client, there are still matters for which they are responsible, or that may trigger further legal action.  For example, even after an incorporation is complete, the client retains responsibility for filing annual reports and other documents to keep the corporation in good standing.  Creating a checklist of these post-representation matters will help the client avoid problems down the line.  And if you put the checklist on your law firm letterhead (or if you're feeling particularly ambitious, create a branded mobile app for a client to download a checklist on his or her phone), clients can always get in touch with you for follow up questions or problems.

For other matters - like a bankruptcy discharge or a divorce and child custody agreement - you'll want to create a checklist to help clients determine whether they need further assistance.  For example, after a bankruptcy, clients shouldn't be getting calls from creditors whose debts were already discharged - and if they do, they should call you.  Likewise, for divorce matters, a lawyer might identify a list of events - such as loss of a job or an ex-spouse's remarriage or relocation - that may trigger the filing of modification petitions.

Checklists are an ideal marketing tool:  they educate clients and enable lawyers to serve them more effectively.  Checklists aren't as flashy as a T.V. commercial or even a fancy website, but they're inexpensive and most of all, something that lawyers should be creating for their practices anyway.  So when you get around to making a list of the tools that you want to use to market your practice, be sure to include the humble checklist.

So, how many lawyers use online professional networking and social media tools and which ones do they favor?  Interesting questions to be sure, but you're probably wondering why you should care.  After all, as a lawyer you're probably more interested in where and how potential clients are using social media rather than what your colleagues are doing with it. 

However, turning a blind eye to how your colleagues are using social media is a mistake.  Because social media isn't just a static tool -- like a newspaper ad or a website -- for direct generation of clients.  Engaging social media is also a process that enables lawyers to build meaningful relationships with colleagues, which in turn will produce referrals.

A just released study by Leader Networks shows why social media is critical to generating business in the legal profession.  Of the 1474 lawyers surveyed as part of the study (764 private practice lawyers and 710 corporate counsel), 56 percent identified peer referrals or recommendations as the most effective method for finding business, followed by in person networking events (33 percent) and conferences and seminars (15 percent).  Only three percent believed that blogging, listservs or other social media tools helped to generate business.

But here's the rub.  Despite recognizing the importance of networking with peers to generate referrals, most lawyers said that they simply don't have the time to leverage opportunities to network with peers.  And that's where social media can fill the gap.  Social media sites like Facebook, Twitter, the ABA's Legally Minded, Martindale Connected or Legal OnRamp, serve as a virtual water cooler, giving lawyers opportunities to exchange quick pleasantries, update colleagues on recent accomplishments ("speaking at national conference" or "just won SJ hearing") and share news of current events or developments in their respective practice areas.   As relationships evolve, you might find yourself consulting with a colleague on another matter or eventually passing on a case -- and vice versa. 

So not surprisingly, more lawyers are joining social networking sites.  According to the Leader Networks Study, 78 percent of lawyers polled reported membership in an online social network, up substantially from 59 percent in 2008.  And participation runs across all age groups, with 86 percent of lawyers aged 25-35 belonging to social networks, followed by 76 percent of those 36-45 and 66 percent of those in the 46-55+ category. 

Still, even though social networking can be less time consuming than traveling to a conference four hours away, it can easily become a time-sink unless lawyers are disciplined about participation.  So here are a few tips to engage social media tools efficiently so that you won't begrudge your participation if referrals don't come as quickly as you'd like.

1.  Choose your weapons

If this is your first foray into social media, you may want to proceed with some caution.  You are better off signing up for two sites and creating a robust presence rather than spreading yourself thin on eight or ten sites. 

However, with so many social media tools available, how can you pick the one that's right for you?  The decision depends largely on your intended targets.  If you're looking to build relationships with other lawyers, here's how various social media sites stack up according to the Leader Network report:

Linked-In - (used by 58% private counsel, 52% corporate counsel);

Martindale-Hubbell Connected, reading and commenting on blogs (42 % private counsel,
35 % corporate counsel);

Public social networks (Facebook, MySpace)  (37% private counsel, 25% corporate counsel);

Online Q&A and expert search services (e.g., WikiHow or Yahoo Answers) (13% private counsel, 19% corporate counsel);

Twitter (6% private counsel, 4% corporate counsel)

Other considerations in choosing a site include:

--Your personality.  If you tend to be shy or reserved, a site like Facebook, which is most interesting when colored by photos or light banter, may not be appropriate.  Instead, you may feel more comfortable at a more sites like Linked-In or Martindale Hubbell Connect, where the interactions are more focused on professional matters.

--Your schedule.  Some types of social media - such as blogging or regularly responding to online questions and answers may be too time consuming to fit into your schedule or to justify based on the resulting returns.  If you're busy, choose social media sites that don't require a large time investment.

--Your markets.  Are your competitors engaged in, or gaining stature at certain social media sites?  If so, you may want to dive in if only to keep an eye on them.  At the same time, don't avoid a social media site just because it's not populated with other lawyers from your practice area.  There's something to be said for gaining a first mover advantage.

2.  Recognize the process for building relationships

Because this post is focused primarily on use of social media as a way to build connections and generate referrals and business from other lawyers (as opposed to directly from clients), I'm going to assume that as your goal.  So how do you reach the point where you establish a relationship that encourages referrals?

In many ways, the stages of relationship building on social media parallel those in a traditional office environment.  For example, if you ever worked in an office, recall how you went about establishing relationships with colleagues.  During the first few weeks, you likely exchanged greetings and perhaps emailed each other about work related projects.  As you grew more comfortable, perhaps you went to lunch together or out for a cup of coffee and chatted about personal matters like your vacation plans or girlfriend or kids.  Finally, after more time, you may have gotten together outside of the office for a ball game or a tennis match.  Having established this level of camaraderie, you most likely tried to help your colleague professionally by referring him clients or making sure to sing his praises to management.

The same process takes place in the online world as well.  Initially, you may exchange greetings with a colleague whom you've "friended" on Facebook.  After a few weeks, you may comment on photos she's posted of family or offer some sympathy after she's posted about a bad day.  Finally, if you learn that your Facebook colleague will be visiting your city or speaking at a conference that you plan to attend, you might try to schedule an offline, in person meeting which will solidify the relationship.  Once you've grown comfortable with each other, your colleague will trust you enough to send contacts.  Plus, because you have a personal friendship, your colleague will make an effort to help you out, and vice versa.

3.  Don't dive in too quickly

You want social media relationships to evolve offline, but at the same time, you don't want to jump in too quickly.  Avoid friending 400 people whom you barely know all at once and then sharing 40 items with them daily.  Likewise, don't bombard Twitter with self-promotional posts or you'll just turn off followers.  You wouldn't like it if an office mate barged in to your conversation with a co-worker and began gabbing away, would you?  Turns out, social etiquette in social media isn't all that different.

4.  Set up a social media schedule

Some social media tools, particularly Facebook and Twitter can quickly become addictive.  If you spend too much time online, you won't get any work done - and worse, you'll create the impression that you're not very busy.  A realistic schedule might include (1) blocking off thirty minutes early  in the morning to log on to your social media accounts and return messages, send messages and tend to any updates and then (2) repeating the process sometime during the late afternoon or evening.   Or you might block out three to four 15 minute segments throughout the day to come online.  Of course, during really busy periods, you may not have any time for social media - so try to stick to the schedule when you can to establish a reasonably consistent presence.

5.  Do not outsource your social media! 

You don't need to read any further than my last post here to understand the dangers of outsourcing social media campaigns.

Conclusion:  Increasingly, lawyers are joining social media - but there's still time to get on board.   You just need to keep an open mind about the possibilities that social media holds to  build meaningful and lasting connections with colleagues that will provide both financial and personal rewards.

For more detailed information on how lawyers can use social media, take a look at my ebook on Social Media for Lawyers.  

Over the past nine months or so, Twitter, a micro-blogging service that enables users to communicate with each other in 140-character spurts has steadily gained traction with lawyers.  Some lawyers regard Twitter as a bit of time-sink in an age of information overload, while others revere its immediacy and use it largely for business purposes.  I'll admit that initially, I too was was skeptical of certain aspects of Twitter, though it's since grown on me as I've become a regular user.

But that's just me.  As for you, to Twitter or not to Twitter? That is the question that I'll address in this post.  But before I evaluate the pros and cons, I'll begin with a quick description of what Twitter is, how it works, and how lawyers are using it for marketing and other purposes.

1.  What is Twitter?

According to Wikipedia, Twitter is "a social neworking and micro-blogging service that allows its users to send and read other users' updates (known as tweets), which are text-based posts of up to 140 characters in length."  Users can find out what others are doing by signing up to "follow" their tweets and can comment by sending a reply.  You can keep messages private (by direct messaging) or posting them to all your followers (the default).  If you're interested in seeing what the Twitter interface looks like, take a look at this Legal Tech presentation by Chris Winfield.

Users employ Twitter in a variety of ways.  Lawyer Bob Ambrogi summarized sixteen "reasons to embrace the Tweet" -- which include sharing information (such as links to recent blog posts or news items of interest) -- like monitoring buzz by finding out what topics are of interest to lawyers, making introductions to lawyers whom you're following and would like to meet and even finding clients by responding to inquiries for legal assistance that sometimes crop up in the conversation.

More recently, Twitter has helped build communities of lawyers.  Two sites, LexTweet and Justia Legal Birds list lawyers with Twitter accounts along with information on where they're located and how many followers they have.  If you're ever heading out to a law-related conference, chances are it will feature a "tweet-up," i.e., a casual, in-person get together of fellow 'tweeps.

2.  Getting Started

The only way to get started on Twitter is to dive right in.  After registering for the site, you can check your email to determine whether you already know folks on Twitter -- because you can sign up to follow them.  After that, you may choose to follow some of their followers or identify other lawyers from LexTweet or Justia Legal Birds whom you might want to follow as well.  If you're interested in expanding your inner circle, use Twellow or Summize  to search for specific topics that interest you and find people within those groups to follow.  Feel free to introduce yourself, but thereafter, you can jump into a conversation.

You can use Twitter through the web, but most power users rely on applications like Tweetdeck to keep track of tweets and replies.

3.  So, is Twitter for me?

Continue reading "To Twitter or Not To Twitter? That Is the Question for Lawyers" »