This document summarizes a case study on how Canadian law firms are using social media. It finds that adoption has been limited except by the largest firms. Barriers include concerns over privacy and ethics. Through interviews, the document examines one Toronto law firm's social media use and challenges, such as lack of strategy and resources. It reviews best practices from the US and recommends platforms and content approaches. The literature review covers diffusion of innovation and other theories to explain slow adoption rates. Overall, the document finds Canadian law is late to adopt social media, but its use can help with branding, business development and thought leadership if barriers are addressed.

1. Behind the Curve:
A Case Study - Social
Media & Canadian
Lawyers #LegalSocial
Lyn Whitham/ Syracuse University/ PRL 600
August 14, 2013

2. #LegalSocial
―Maybe I am nuts, but I look at lawyers
questioning the value of social media as akin
to lawyers in years past questioning the value
of fax machines, email, and cell phones”
- Kevin O’Keefe, Why Social Media for Lawyers is
Not Going Away (LexBlog, Posted May 14, 2013)
http://kevin.lexblog.com/2013/05/14/why-social-media-is-not-going-away-for-lawyers/

3. #Legal Social
Introduction
Background
Research Questions
Literature Review
Industry Thought Leader Interviews
A New World for Lawyers
Case Study
Best Practices
What’s Next
Postscript

4. Introduction
Lawyers not known as early
adopters

5. Introduction
o Lawyers: Traditional, skeptical, worried about
privacy, attorney client privilege, regulation,
competition and loss of control
o Case Study/Canadian Law Firm
o How some Cdn firm & US firms
are leveraging Social Media
o Why Cdn Law Firms are lagging

6. Background
Focus on one Canadian Law Firm’s social media
marketing activity
Medium sized firm with area of specialization
Condition of interview is anonymity so no
competitor advantage
Best Practices & Challenges
Comparison to other Cdn firms
US Firms’ Best Practices

7. Research Questions
1. How are Canadian law firms using social media
to market their services?
2. What are the barriers to adoption of social media
by Canadian law firms and lawyers. How can
those barriers be overcome?

8. Google Alerts #LegalSocial
• Law and Social Media
• Lawyers and Social Media
• Legal Social
• Social Media and Law Firms

9. Literature Review
Research was sourced on social media and in
traditional publications . The theories used are:
Diffusion of Innovation (Everett
Rogers, 1962)
Public Choice Theory ( Duncan Black, 1948)
Complexity Theory (Dawn R. Gilpin &
Priscilla Murphy, 2010)

10. Literature Review
o Diffusion of Innovation
o How, why and how quickly new ideas & technology
spread through cultures
o According to Rogers, 4 main elements:
1) Innovation
2) Communication Channels
3) Time (rate of adoption & critical mass)
4) Social System – the group

11. Literature Review
Diffusion of Innovation
Rate of Adoption & when Critical Mass is reached
Categories of Adopters:
Innovators
Early Adopters
Early Majority
Late Majority
Laggards

12. Adoption Rates

13. Diffusion of Innovation
Process

14. Literature Review
Public Choice Theory
Opinion Leaders are influential in diffusion
Spread positive or negative information about
innovation
Elites often not innovators
Innovation introduced by outsiders
Legal community: an elite not known for
innovation known for preserving the status quo

15. Public Choice Theory
Machiavelli’s Perspective
“This lukewarm temper arises partly
from the fear of adversaries who have
the laws on their side, and partly from the
incredulity of mankind, who will never
admit the merit of anything new, until
they have seen it proved by the event” *
* http://www.dr4ward.com/dr4ward/2012/06/what-would-machiavelli-say-is-the-biggest-challenge-facing-digital-
and-social-media-quote.html

16. Literature Review
Complexity Theory
In today’s environment there is a ―turbulent mix of
messages and stakeholders‖
Convergent environments are complex
communication systems… ―creating uncertainty,
instability, unclear boundaries and non-linear
consequences‖

17. Industry Thought Leader
Interviews
Dan Buganto, Digital Account
Manager, Edelman Toronto
o Melissa Agnes, Social
Media & Crisis Consultant,
Montreal
Managing Partner/ Canadian Law Firm, Toronto
Social Media Manager, Canadian Law Firm, Toronto

18. Lawyers & Social Media
The Legal Community is wrestling with social
media:
o Social Media Law
o Copyright, Sweepstakes, DotCom Disclosures Guide
provides guidance for online and mobile advertisers*
Rules of Evidence
Email, Social Media
Privacy
Rights: Instagram to sell the
content you post, Employers & Social
Media, Protecting Intellectual Property
Marketing
Business Development and Brand

19. A New World For Lawyers
Clara Shih & Lisa Shallet in the Harvard Business
Review:
―While participating in social media is not without
risk, not participating might prove to be the
greater risk — especially to reputations.‖*
o Having your Reputation Defined by Others
o Being Invisible and Less Credible
o Being Perceived as Behind the Curve
*http://blogs.hbr.org/cs/2013/07/the_perils_of_being_a_social_media_holdout.h
tml

20. A New World for Lawyers
“Business is in purgatory. It’s out with
the old but not yet in with the new.
There is lots of experimenting. If you
don’t adapt you’ll die!”*

21. Case Study
Toronto Law Firm’s Social Media Objectives:
o Brand Awareness as a Thought Leader
o Business Development
o Leverage brand attributes – expertise,
warmth, humanity
o Drive traffic to website
o Media Relations

22. Toronto Law Firm
Key Social Media Tactics & Platforms
Blogs
Legal Topics and
Reflections
LinkedIn
Blog Postings
No content curation
53 Followers
YouTube
Professional topics
Twitter
245 followers

23. Toronto Law Firm
Best Practices:
Key Audiences Identified
Brand Positioning Established
High Quality Video Production
High Quality Website
Podcasts
Blogging
Authentic voices

24. Toronto Law Firm
Challenges:
No social media strategy
Resourcing
Strategic use of Twitter - potential for geo-targeting,
live tweeting, followers from key audiences, key
influencers, leverage relationships
Content challenges: ―Don’t want to appear silly. This
is a serious dignified profession.‖
Content Challenges: Variety, Speed and Frequency
Believes competitive Advantage lost through Social
Media
No Measurement or Analytics

25. Canadian Law Firms
Some Large Enterprise Law firms on Social Media
including Facebook, Twitter, YouTube. LinkedIn
@BLGLaw 2929 Followers
@BlakesLaw 2081 Followers
Torys LLP , internal blog for sharing
successes
Some Smaller Firms Integrating Paid and Owned
o Tenant Law Firm advertising ―Ask me Anything on
Twitter‖ *
*Dan Buganto, Edelman

26. Canadian Law Firms
But Most Firms Hesitate*
*http://www.thecounselnetwork.com/uploads/LWSocialMediaandLawFirmsinCa
nada121026.pdf

27. Social Media Use is
Skyrocketing
A 2013 Pew U.S. Research Study
growth occurred in every age group, the biggest
increases were found among older adults:
43% of Internet users over the age of 65 reported
using social networking sites as of May 2013, a big
jump from 32% at the end of 2012
60% of Internet users aged 50-64 used social
networks as of May 2013, up from 52% in December
2012
78% of Internet users aged 30-49 use social
networking sites’
89% of Internet users aged 18-29 use social
networking sites
*http://www.natlawreview.com/article/adult-use-social-media-

28. U.S. Law Firms
A 2012 survey of US lawyers and legal marketers by ALM
Legal Intelligence reveals the shift to Social Media
Marketing:*
• Nearly 50 percent of firms report that blogging and social
networking had helped produce leads for new clients.
• Around 40 percent said those same efforts had actually
helped them land new work.
• More than half of respondents said that their firms plan to
increase their budget for social media initiatives.
• Just over 20 percent said their firms already have a full-
time social media specialist on staff.
* AbovetheLaw.com by Brian Dalton, posted August 6,2013

29. Why Social Media for
Lawyers*?
Impacts search results
Controls image online and establishes
expertise
Distributes content
Gives clout and visibility
Build Connections, esp. if competitors not on Social
Media
*http://www.natlawreview.com/article/beyond-new-clients-why-social-media-matters-
attorneys

30. Best Practices for Law
Firms
Develop a Brand
Develop a social media strategy
Use Social Media to gather
information
Monitor Competition
Integrate Paid Owned & Earned
Measure, Evaluate, Recalibrate

31. Best Practices for Law
Firms
Establish Thought Leadership not direct
solicitation
Plan & Increase Post Frequency
Be Strategic:
Build Relationships for lead gen
Create Key Influencer Strategy
Re-purpose existing content
Write in clear, accessible language
Hire Resources
Social Media Policy & Procedures for the firm

32. Best Practices for Law
Firms
Content!
A learning curve for lawyers - don’t need to
take a stand*
Company blogs & Partner Blogs with
authentic voice
Posts should be both personal and
professional
―Posts that do not directly relate to law and
your practice still serve a purpose‖**
Content does not have to violate ethics or
privacy
*Dan Butano
**http://nationallawforum.com/2013/08/07/professional-and-personal-aspects-

33. Best Practices for Law
Firms
Content!
Creative content development such as
employee events, social responsibility
activity, celebrations, accomplishments,
media coverage, current issues, special
days, anniversaries
Live tweets/posts from
law firm events
Photos, videos
Curate content

34. Best Practices for Law
Firms
Blending Professional and Personal
Posts
―Both types of posts serve a purpose.
Professional posts receive a few likes and drive
traffic to the firm’s website, while more personal
posts spread the brand to far more Social Media
users, increasing brand recognition and page
visibility‖
*http://nationallawforum.com/2013/08/07/professional-and-personal-aspects-of-law-
firm-social-media/

35. Recommended Platforms
LinkedIn
Twitter
YouTube
Blogs
Google+
Facebook

36. Research Question 1
How are Canadian law firms using social media
to market their services?
o Limited use except for the largest law firms
o Blogs, LinkedIn, YouTube, Twitter in early stages
o Not strategic
o Opportunities for new content approaches
o Late Majority or Laggards with innovation

37. Research Question #2
What are the barriers to adoption of social media by
Canadian law firms and lawyers.
o Privacy &Privelge
o Fear & Worries about copyright, new laws, competitors,
fast paced & multiple platform environment
(complexity), reputation
o Resourcing
o Content Uncertainty
o How can those barriers be overcome?
Developing social media strategy (complexity &
reputation)
Key Influencers will propel adoption
Professional and personal content development
balance
Evolving legal rulings about social media

38. What’s Next?
Development of ethical standards for social
media & client relationships
Increasing # of Cdn firms on social media
following US adoption rate of increase
(Influencers)
Protocols: i.e. Use of social media by judges –
advice now ―don’t friend lawyers on social media‖
& Oklahoma ruling
Social Media & Rules of Evidence
―Changes in legal ethics ultimately driven by
changes in technology.‖

39. Postscript
― It is imperative to have a long term integrated
strategy that addresses both the business and
legal drivers of every part of an organization,
from the board room, to the shareholder, to the
executive suite, to marketing, to sales, to Human
Resources; to research and development in the
form of a customized, written, living, plan that is
effective and defensible in order to protect the
intellectual property, brand and reputation of
one’s business, and that of its clients and/or
customers as well‖.
Judith Delaney, http://jahmd.wordpress.com/

40. Thank You
lynwhitham@rogers.com
@lynwhit
http://lynwhitham.tumblr.com/