Washington State Bar Association - Ethics

Jabez LeBret
jabez@gngf.com / @jabezlebret

@gngfound
OUR BOOK
Third Revision
Updated for 2015
Contributions from:
AVVO
Clio
Fujitsu

@gngfound
If you are watching this on the webcast
and would like a complimentary copy of
our book, you can request it using the
online form here:
GNGF.com/WSBA
BOOK FORM FOR WEBCAST

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• Your Law Firm Web Presence and Website
• How Your Online Presence Connects Your Website to Search
Engines
• Online Directory Listings
• Ethical Issues Surrounding Reviews and Optimization
• Establishing Your Website Properly and Ethically
WHAT WE WILL COVER TODAY

@gngfound
• Social Media and Content Development
• Blogging Do’s and Dont’s
• Your Online Content - Avoiding Ethics Violations
• Facebook, Twitter, LinkedIn, and Google+
• Ethical Issues Surrounding Social Media
• Creating Video - Where to Post and the Ethics
WHAT WE WILL COVER TODAY

2005
Online = Website
2015
Online = Presence

@gngfound
KEYWORDS
Branded
Law Firm of LeBret &
Homer
Jabez LeBret
Mark Homer
Non-Branded
Estate Planning
Attorney
Probate Attorney
Real Estate Attorney
(Not Provided)

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GOOGLE: NOT PROVIDED

@gngfound
SEARCH IS GETTING LOCAL

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BRANDED = ONLINE REPUTATION

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BRANDED = ONLINE REPUTATION
Knowledge Graph

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How do you influence Google Search to show
the RIGHT INFORMATION about your firm at
the RIGHT TIME?

@gngfound
GOOGLE+ LOCAL
Book an
Appointment
From Google

Google+ Local
16,713 Views
No Branding
No Images
@jabezlebret

Ethics issues arise when you “Claim” the listing
• You are responsible for the content of the listing
• Practice Areas NAP
• Online Directories are acceptable form of advertising
• Caution: you are responsible for firms you hire to assist.
@gngfound
ETHICS OF DIRECTORIES

• You are responsible for the content of the listing
• Business description
• Categories
• A lawyer can only claim designation, specialist or expert only if
permissible by the bar
• Caution: you could be responsible even if you hire a firm to
“claim” your directory listings
• Responsibilities Regarding Nonlawyer Assistants
@gngfound

@gngfound
• Disclaimer -
• Without commercial speech you will not need a disclaimer
• Google+ Local Page: Mimic your disclaimer when you can because of
Social Media component
Will discuss “Online Reviews” later

ONLINE REVIEWS:
OPTIMIZATION AND ETHICS

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Reviews
Where to Get Reviews:

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Reviews
Asking For Reviews:
You should ask, but you are responsible.

@gngfound
• You can’t write your own online reviews
• Caution: you are responsible even if you hire a firm to “claim” your
directory listings
• Responsibilities Regarding Nonlawyer Assistants Don’t make up
profiles to write reviews
• Don’t pay for reviews
• “A lawyer shall not give anything of value to a person for
recommending the lawyer’s services”
ETHICS OF REVIEWS

@gngfound
• Be careful when asking for reviews
• If you ask for a review you can be responsible
• EXAMPLE: Joe Smith leaves a review: “Jim won me $1
million auto accident lawsuit, Jim is the best Personal Injury
attorney ever”
ETHICS OF REVIEWS

Social Media
OPTIMIZATION AND ETHICS

@gngfound
FACEBOOK
Branding
Cover Image
Likes
Geo Info
Keywords

Twitter
Blog Posts
Follower / ing
Tweets
ReTweets
Replies

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• Indexable by Google
• Increase your Followers
• Follow people, ReTweet, and share
• HootSuite / SocialOomph
• Be Careful “interacting”
TWITTER

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YOUR PICTURE MATTERS

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LINKEDIN
“Skills and Expertise” now “Skills & Endorsements”

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SKILLS & ENDORSEMENTS

@gngfound
Recommendation:
Edit Profile and turn
off the display of
Endorsements
LINKEDIN

@gngfound
LINKEDIN
Discussio
n
Groups

Social Media
Ethics Game:Case is finally
over. Unanimous
verdict!
Celebrating
tonight.

Social Media
Ethics Game:Another great victory
in court today! My
client is delighted.
Who wants to be
next?

Social Media
Ethics Game:Won a million
dollar verdict. Tell
your friends and
check out my
website.

Social Media
Ethics Game:
Won another
personal injury case.
Call me for a free
consultation.

Social Media
Ethics Game:Just published an
article on wage and
hour breaks. Let me
know if you would like
a copy

@gngfound
Wait a Minute…Apple Watch Break

@gngfound
• Design & Structure
• Conversion
• Content
• Ethics
ESTABLISHING YOUR WEBSITE

@gngfound
• Is it secure?
• Is it easy to backup?
• Is your website easy to transfer?
• Does the platform have a large developer base
• Does it include blogging feature
• Does platform work on mobile / tablets
WEBSITE PLATFORMS

@gngfound
• Name / “Brand”
• Where are you located? How can I get a hold of you?
• Phone Number / Contact Form
• Do you understand my problem? What can you do for me?
• Proof I should call you?
• Easy to navigate and find things
• Schema Markup for Google (ask your webmaster)
WEBSITE COMPONENTS

• How do I call you?
• What do you do?
• What can you do for
me?
• Proof I should call
you?

@gngfound
DO YOU UNDERSTAND MY PROBLEM?

@gngfound
1.Repeating the same words or phrases so often that
it sounds unnatural, for example:
KEYWORD STUFFING
We sell custom cigar humidors. Our custom
cigar humidors are handmade. If you’re
thinking of buying a custom cigar humidor,
please contact our custom cigar humidor
specialists at Custom.Cigar@humidor.com
We sell custom cigar humidors. Our custom
cigar humidors are handmade. If you’re
thinking of buying a custom cigar humidor,
please contact our custom cigar humidor
specialists at Custom.Cigar@humidor.com

@gngfound
KEYWORD STUFFING
2.“Blocks of text listing cities and states a webpage is
trying to rank for”
Pasadena, Sherman Oaks, Encino, Culver City, Van Nuys,
Santa Clara, Ventura, Simi Valley, Thousands Oaks …

@gngfound
• 34% of mobile internet users admit that their smartphone is their primary device for
going online. (Pew Internet Project - May 2013)
• 74% of adult smartphone owners aged 18 or older say they use their phone to get
information based on their current location. (Pew Internet Project - May 2013)
• 35% of Americans aged 16 or older own a tablet. (Pew Internet Project - September 2013)
• 30% of mobile owners had used their phone in the previous 30 days to decide
whether to visit a business… (Pew Internet Project - April 2012)
MOBILE STATS

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MOBILE WEBSITE SEARCH

Responsive Design
• Fast Load Time
• Access to All Content
• Difficult to Code Correctly
• THE RIGHT ANSWER

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MOBILE WEBSITE RESPONSIVE

@gngfound
• Make sure your web and content developers understand what
you can and can’t say about your experience, expertise, trial
publicity, etc.
• Hiring Someone: the partner or lawyer must take reasonable
efforts to ensure that the [company] they retain's actions are
within the professional obligation of the lawyer and not violate
the Rules of Professional Conduct
WEBSITE ETHICS

@gngfound
• Do not mislead with your website copy
• Communications Concerning a Lawyer's Services
• No testimonials on website without proper disclaimer
• Avoid saying "I can save your business" or "higher my firm and you will
walk free" - nothing that could lead someone to expect results
• Don’t compare your firm to another like "Our firm is better than Smith
and Smith" unless you can factually substantiated
WEBSITE ETHICS

@gngfound
• Watch the content of your website pages
• Comparative Speech in title tags, meta descriptions, copy
• If you have pages in another language, e.g. In Spanish, then you must
have a disclaimer in that language. Simple stating that your firm
Hablamos Espanol does not require a Spanish disclaimer
• If you make a statement of past results it must include the name of the
lead counsel from your firm and it shall contain a disclaimer that past
results do not guarantee, warrant, or predict future cases.
• Disclaimer on your website should be on every page.
• • (k) (1) there is no advertising disclaimer requirement for directory
listings
• • (k) (9) there is no advertising disclaimer requirement for name,
address, and firm info associated with public service or non-profit / civic
activities
• • (m) a copy or recording of advertisements or written communication
needs to be submitted to the state bar and retained by the law firm for 4
WEBSITE ETHICS

[5] …Moreover, if after sending a
letter or other communication to a client as permitted
by Rule 7.2 the lawyer receives no response, any
further effort to communicate with the prospective
client may violate the provisions of Rule 7.3(b).

@gngfound
Where to Put Your Blog
Focusing on a single website makes it much easier
for our algorithms to understand your site, the
services you're providing, and the regions
that you service.
John Mueller - Webmaster Analyst, Google Inc.
http://www.seroundtable.com/google-one-site-locations-
15454.html

@gngfound
Where to Put Your Blog

@gngfound
• Common questions?
• 10 FAQ / 10 SAQ
• Localize National Topics
• Curate Content
• Local Posts
WHAT TO BLOG ABOUT?

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CREATING CONTENT
Length Of Post
1,000+ words

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CURATED CONTENT
1) Research on Google/News
Websites
2) Copy a Few Lines
3) Always Source
4) Add Content (>80%)

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GOOGLE TRENDS http://www.google.com/trends/

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CREATING CONTENT
Most Emailed
Most Viewed
Most Shared
Most Popular

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“This does not mean that you cannot do your divorce yourself.
However, many people who do not consult with attorneys may leave
out certain very important provisions that can come back to haunt
them later on, and cost them a great deal.”
Nevada Divorce Attorney + 12 Other States
CREATING CONTENT

@gngfound
BLOGGING ETHICS
• No Names Please (Confidentiality)
• Do not talk about clients without consent in blogs or online content
• Trail Publicity
• Tread lightly if you are going to talk about the case at all

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PODCAST
Think more story less promotion
Three or Four Part Series
Interview Style with Solid Post-Production
Samples: Criminal, Serial, This American Life
Post to Website, Promote Via Social

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SOCIAL MEDIA
Not a “Fad”
Good For Ranking
Looking Beyond

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FACEBOOK PAGE POST AD
$120 Total Ad Spend
123,712 ppl saw post
$.0009 per impression

@gngfound
What counts as advice?
• Dealing With Unrepresented Person
• If the lawyer knows or reasonably should know that the
“unrepresented person misunderstands the lawyer's role”
• If you are engaged in a discussion LinkedIn and there is a possibility
that the person misunderstands your comments make sure to inform
them of your relationship and do not give legal advice.
SOCIAL MEDIA ETHICS

@gngfound
Is this Advertising? - Facebook Page Post Ad
• Yes
• May want to submit a copy of Page Post Ad as Advertising
• Keep records of Ads by not deleting them
Don’t Imply Results or Mislead
• Communications Concerning a Lawyer's Services
• Don’t say things that could lead someone to expect results
• Don’t compare your firm to another like "Our firm is way better than Smith
and Smith" unless you can factually substantiate
SOCIAL MEDIA ETHICS

@gngfound
• Other Issues
• Don’t “friend” potential jurors
• Accidental Discovery
• Using Social For Discovery
• Using Social as Evidence (Competence?)
• Advising Clients About Social
• Commercial Speech = Advertising
SOCIAL MEDIA ETHICS

@gngfound
Relationships with Judicial Officers, Neutrals etc
• Don't “friend” judges
Jurisdiction Issues
• Social Media is NATIONAL
SOCIAL MEDIA ETHICS

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• 1 Firm Overview Video - 60-90 seconds
• Many FAQ Videos - 60 seconds
ONLINE VIDEO

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• Good Audio and Lighting are critical
• Lavalier Microphones
• B-Roll Footage
• Low background music increases sound quality
FIRM OVERVIEW VIDEO

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FAQ VIDEO
• 45- 60 Seconds
• All Content No Sales
• Improved Quality
• Link To Website

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WHERE TO PUT VIDEO
• Not Initially on YouTube
• Host on Website 3 Months
• Place transcript under the video
• Video Schema Markup (ask your webmaster)
• Good Description

Why Social Media Competence
Are you confident that you, the lawyer, can
adequately provide guidance and advice to your
clients about the exposure and risks of using social
media networks.
Asking people to not participate in social media is
liking asking people to not use email.

Hashtag # - Anchors and Tags Messages
Privacy Settings
Profile Page
Login Screen
Index or Indexing
Terminology

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Users can search for
other users or topics
by #hashtags

@gngfound
Users do not need to
approve a tag to be
tagged in another users
photo.

@gngfound
Instagram users have
two privacy setting
options: public and
private

Other Users Can
Tag You In Photos

Added to Model Rule 1.1
- When you need to be secure
- What needs to be secure
- Tools to use
- Things to Avoid
Data Security

Jabez LeBret
www.gngf.com
jabez@gngf.com
@GNGFound

Washington State Bar Association - Ethics

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