On the radar 9 social media issues to watch

Embracing the following strategies will put your firm in good stead as it responds to the sometimes perplexing world of social media, writes Cameron Cooper.

Law firms have typically been slower to embrace social media than other service-based industries. That is changing, however, and smart firms and lawyers realise that it can be a valuable platform to connect with networks and clients while showcasing their strengths and thought-leadership credentials.

A strategic approach to social media is essential for law firms, in particular, as they balance requirements around client confidentiality with any desire to embrace the latest technology and promote their competitive advantages.

Here are nine issues that should be on your firm’s social media checklist.

1.      Ignore ethics at your peril

Before considering any means to more effectively use social media, it is crucial for all law firms to outline policies that ensure ethical standards are not breached. Fears around client confidentiality, information storage, data security and a host of other issues explain why some law firms shun social media, but if all staff members understand and follow the firm’s policies there is no doubt that it is an important form of marketing and business development. For example, posting a message on Twitter or Facebook about a court victory could well be a professional breach, but you need not discuss current or past cases. Instead, use such forums to explain new legal rulings or other information that is of value to clients and lawyers. Sharing expertise and insights is a subtle way to demonstrate a firm’s credentials and connect with the legal and business communities.

2.      Focus on quality content

Blogs have become an important facet of marketing for many law firms, but the truth is that most of the articles fail to pass the quality test. Social media content, including blogs, are a window into your firm, so make sure you create a positive impression on the back of well-produced, interesting material.

Smart legal marketers are concentrating on producing superb content such as insightful blogs and commentaries, informative infographics and educational online tutorials. Aligned with a well-considered search-engine optimization strategy, this content can enhance referral traffic from websites and social media platforms and ramp up the firm’s thought-leadership reputation.

The emphasis on quality includes writing catchy headlines that woo readers. This is especially true on Twitter, where you have to quickly attract people’s attention, or lose their interest. The National Law Review in the United States recently listed some suggestions for better headings, including:

• Use words that break from the normal clichés and create an element of surprise.
• Frame headings as questions because they stimulate people to find out the answer.
• Consider ‘How to …’ in the heading because it makes the promise of improving the reader’s knowledge.
• Use facts or numbers because people dislike uncertainty.

3.      Understand your privacy settings

Most social media platforms give you choices to manage information – such as posts, photos, profiles and location details – and who can access it. The Law Institute of Victoria (LIV), the professional association for Victorian solicitors, has shown a strong commitment to educating members on social media strategies and on its website offers some smart tips on this issue.

• Know where to go on a site to change your privacy settings. The ‘settings’ button is usually a good start and there will generally also be privacy options each time you post material.
• Find out what privacy tools the platform offers (some have more than others). Common ones include ‘timeline review’ on Facebook, ‘protecting tweets’ on Twitter and ‘anonymous profile browsing’ on LinkedIn. Some of these tools can only be accessed on desktop computers, but once they are set up they also apply to posts made from mobile devices.
• Use lists. Platforms sometimes allow users to post information to only part of a network.
• Search your own social media profile on the web to check how you appear to the public. It is important to do this regularly as social media platforms may change their privacy rules.

4.      Choose platforms wisely

Have you heard of mooting? British barrister Mr Bill Braithwaite has created a website called Mootis, which he describes as ‘Twitter for lawyers’ and which aims to offer a dedicated space for legal discussions and debate. It reportedly gained about 500 users within 30 minutes of its launch in January. Unlike tweets, which can only be 140 characters, ‘moots’ can be up to 500 words in length. This means weighty legal issues can be covered without the writers becoming too verbose.

The arrival of Mootis is a reminder that, while LinkedIn, Twitter, Facebook and YouTube are phenomenally successful, there are a range of platforms in the social media space that may be appropriate for lawyers and law firms. The big three continue to dominate, in the United States at least, based on research findings in the American Bar Association’s 2014 Legal Technology Survey Report, which indicates LinkedIn is by far the most popular social media destination for lawyers – with 99 per cent of large firms, 97 per cent of mid-size firms, 94 per cent of small firms and 93 per cent of sole practitioners having a LinkedIn profile. Sole practitioners dominate Facebook, with 45 per cent reporting participation compared with 38 per cent of small firms and just 21 per cent of large firms. Larger firms seem to prefer Twitter, with 36 per cent saying their firms maintain a Twitter presence compared with 16 per cent of mid-size firms, 13 per cent of sole practitioners and 12 per cent of small firms.

It is important to note that firms should take a considered approach to the social media platforms in which they are going to invest. Rather than engaging poorly across many platforms, many smaller firms, in particular, have found it more useful to concentrate on one or two platforms that meet their needs. In that regard, some technology analysts believe platforms such as Instagram and Snapchat are not the ideal audience for law firms as they are dominated by a younger demographic that may not be in the market for legal services.

5.      Take advantage of LinkedIn publisher

Given the popularity of LinkedIn in legal and professional circles, it is important to consider whether to maximise the potential of this tool. Users can really ramp up their social media presence by using the site’s dedicated publishing platform. To access it, go to the LinkedIn homepage and click on the pen logo where it says ‘Share an update’. Then fill in your post title and copy-and-paste a blog in the ‘Write your thoughts’ field. Add images by clicking on the camera icon, while you can also embed videos and Slideshare presentations.

Clever users see this publishing feature on LinkedIn as a way of syndicating blogs and maximising their impact. For instance, they may take an earlier blog from their firm’s website and create a new audience for it on LinkedIn.

6.      Consider buying social ads

Paid social advertising is on the rise and is a way to draw attention to content without having to pump money into Google AdWords or other advertising outlets. These social advertisements come in many forms, including promoted tweets on Twitter, sponsored updates on LinkedIn and Facebook advertisements. The beauty of them is that they can be sent to highly targeted audience segments based on categories such as location, gender, the technology device they are using and other very specific interest categories. This compares with the scattergun approach of traditional newspaper or television ads, which target a large, generic audience.

Social media consultancy Hootsuite advises a number of strategies to try to achieve higher success rates with social ads. It recommends rotating the advertisements regularly so they do not alienate audience members who get tired of being bombarded with the same sell message over and over again. Designing the advertisements with smartphones in mind also makes sense because the majority of social media activity occurs on handhelds, not computers or laptops. The other advantage of social advertisements, according to Hootsuite, is that you can get instant feedback on their effectiveness using analytics reports that track results and let you know if people are clicking on your advertisement.

7.      Create a YouTube channel

DLA Piper is but one example of a growing list of firms that has created its own YouTube channel, covering the gamut of topics from IPO market updates and capital market reports to a day-in-the-life of a law firm trainee. The real beauty of having such a bespoke channel is that it allows a firm to address key legal or social issues while still controlling the message. That cannot be said of media appearances in mainstream outlets such as newspapers, radio and television.

Given privacy and confidentiality issues all firms face, such an ability to deliver an unedited message cannot be underestimated. The other advantage is that a YouTube channel can be set up for free. The key with such a channel – and any other social media platform for that matter – is to make sure the content is relevant and up to date. After all, if you cannot be bothered uploading new material, it is unlikely that your target audience will keep coming back.

8.      Recruit through social media

If you want the brightest young talent in your law firm, social media is an important tool. The next generation of law firm recruits live in the social media space, so promoting clerkships and new appointments on sites such as Facebook makes sense. LinkedIn also makes it easy for job-seekers to research positions, check out a firm and learn about its strengths and culture.

Although sites such as Google+ and Instagram are not seen as a logical domain for law firms because of their younger demographic, they may be a valid target for firms seeking to connect with graduates and younger lawyers.

Social media consultancy Good2BSocial advises using social media to spread the word about positions that are available and provide valuable content – such as video testimonials from associates at your firm – that give candidates a sense of the values and practices of the firm. That engages job seekers far better than simply posting a vacancy online.

9.      Get up to speed on social media evidence

Finally, aside from all the practice management opportunities available through social media, it is crucial for firms and lawyers to understand the day-to-day implications of social media in the courtroom.

For example, admissibility of social media evidence is an issue of great conjecture. Courts are justifiably cautious about whether information posted on sites such as Facebook or in blogs is authentic. The Law Institute of Victoria offers valuable advice in this area, noting that care must always be taken when a party introduces or opposes the introduction of social media evidence. It notes that with the admission of social media evidence in court, a party must show that the evidence is relevant and authentic. This typically involves consideration of the Evidence Act 2008 (Vic) or the Evidence Act 1995 (Cth). The institute’s quick tip list on this issue includes:

• Planning for the introduction of social media evidence; for example, check a witness or the other party’s Facebook or LinkedIn pages.
• Asking a witness with personal knowledge of the social media evidence or a computer forensic expert to authenticate the material.
• Making a list of the circumstances that apply to the social media evidence to explain why it is authentic; for example, by reference to identifying characteristics.
• Serving a Notice to Admit the authenticity of the social media evidence.
• Being prepared to provide the court with information to understand the technology issues and whether there are case management tools that could assist the court.This list on the issues to consider relating to social media is far from exhaustive – and it is such a dynamic area that the challenges and opportunities are sure to evolve over the next 12 months and beyond.

Apart from recruiting strong technology teams to oversee the rollout of IT and social media programs, firms are well advised to create social media champions within a firm who can help to guide the firm’s strategies in this evermore important area of legal services.

Cameron Cooper is the editor of the Australasian Law Management Journal. This article is a republication of a piece in Chapter III, the newsletter of the Law Council’s Federal Litigation and Dispute Resolution Section.