Jennifer Ellis presented on online marketing and cloud computing for lawyers, including important ethical considerations. She discussed how lawyers must be competent with relevant technologies per Rule 1.1, including understanding risks and benefits. Lawyers should educate themselves on appropriate technologies for their practice and properly manage any risks. When using tools like social media, lawyers must follow advertising rules and ensure communications are not false or misleading. The cloud provides benefits but lawyers must vet providers carefully to ensure client confidentiality and data security are maintained.

1. Online Marketing
&
Cloud Computing
(Including Ethical Considerations)
Jennifer Ellis
Jennifer@JLEllis.Net
Lowenthal & Abrams
&
Jennifer Ellis, JD

2. Competence with Technology Rule 1.1
• Underlying all use of technology is Rule 1.1
• New comment added as a result of work by American Bar Association
• Adopted by Pennsylvania
Lawyers must,“keep abreast of changes in the law and its practice, including the
benefits and risks associated with relevant technology, engage in continuing
study and education and comply with all continuing legal requirements to
which the lawyer is subject.”

3. What Does Competence with Technology Mean?
• Must be aware of what kind of technology is required in your practice
• Must be aware of risks and benefits
• Must manage the risks
• Any technology you choose to use
• Must be aware of risks and benefits
• Must manage the risks
• How?
• Educate yourself
• Hire competent assistance
• In house or out of house

4. Manage Staff Properly
• Failing to manage staff properly in use of technology is an ethical
violation
• See Rule 5.3 Responsibilities Regarding Nonlawyer Assistance
• This includes outside staff as well as inside staff
• Instruct your staff on ethical rules
• Make sure staff is educated on technology use

5. What Technology Must You Use?
• Computers
• Email
• Electronic research
• Malware protection
• Specialized technology as appropriate for your practice area

6. What Technology Might You Use
• Wireless connectivity
• Smartphones, Tablets & Laptops
• Removable storage & other easily portable devices
• Web & Social Media (might be required for some practice areas)
• Cloud computing
• Storage
• Email
• Case management

7. Your Website

8. Must have a Website
• Recommend WordPress as an easy way to get started
• Pick a domain name
• Find a host
• BlueHost
• HostGator
• GoDaddy
• Web Synthesis
• Identify a theme
• See WordPress in One Hour for Lawyers (by me)
• Step by step instructions
• Amazon or ABA Website

9. Link Everything Together
• Create as broad a presence as possible on line
• Home base should always be your website
• Blog posts key for good SEO (search engine optimization)
• Follow marketing rules and laws

10. Ads

11. Pay Per Click
• Most ads are based on bidding and you only pay if people click
• Price is set based on competition for demographics
• Ranges substantially based on geographic area and competition
• Anywhere from a few cents to over $100 per click.
• I find Google and Facebook most valuable
• LinkedIn, Twitter and other sites also an option
• Specialized sites with banners can be useful
• Watch ethical rules
• Consider best practices
• Focus ads as much as possible

12. Facebook – Boosted Posts

13. Facebook Ads

18. Google AdWords (Ads.Google.Com)

20. • Identify appropriate keywords and phrases
• Keyword cost varies by competition for demographics
• Match keywords to your website content
• The content of the ads, keywords and your site impact your quality score
• The higher the quality score
• Less expensive per click
• More your ad will be seen
• More it will be clicked

21. Use Extensions (Phone, Site, Location, Action)

22. Track Results
• Analyze your ads at least once per month
• See what is working and what is not
• Make adjustments accordingly
• One word can make a difference
• Watch the ethics
• Don’t promise results
• Make sure your website has proper disclaimers
• They won’t fit in the ads
• Be honest

23. Social Media for Marketing

24. Marketing
• Is social media marketing?
• “The action or business of promoting and selling products or services,
including market research and advertising.”
• Intent?
• Directly seeking clients?
• Marketing
• Providing broad educational information?
• Not marketing
• My advice?
• Assume everything is marketing
• Follow advertising rules (7.1 et seq)
• Follow rules for all states in which licensed or seeking clients (8.5)

25. Ethics: Honesty is Crucial
Rule 7.1 Communications Concerning a
Lawyer's Services
“A lawyer shall not make a false or misleading
communication about the lawyer or the
lawyer's services. A communication is false or
misleading if it contains a material
misrepresentation of fact or law, or omits a
fact necessary to make the statement
considered as a whole not materially
misleading.”
25

26. Twitter
• 140 character micro blogging
• A great way to let people get to know you as a person
• Share quick bits of information
• Re-share what other people post
• Link your Facebook, LinkedIn accounts and Blog to Twitter as a way to get
more value for your effort
• Crucial to engage
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27. Best Practices for Twitter
• Share and share alike
• Share other people’s content, they will share yours
• Give credit where credit is due
• Thank people for their interactions
• Complete your thoughts
• Watch for portions of your posts being cut off when you use tools to post
• Use hashtags that make sense
• Humor is fine
• Remember people have different senses of humor
27

28. Ethics: Twitter
• Twitter is potentially unusable in several states
• In Florida, each tweet must have:
• Attorney name
• Office location
28

29. Facebook & LinkedIn
• Use your Facebook and LinkedIn accounts as a way to
network with
• Potential clients
• Other attorneys
• Facebook = Consumer
• LinkedIn = Business
29

30. Facebook & LinkedIn Continued
• Create a page for your firm
• Becomes a mini-website on Facebook
• Useful tool on LinkedIn
• Ask employees to connect the pages
• Encourage followers
• Provide useful information
• Share blog posts
• Communicate and engage
• Include disclaimers
30

31. Ethics: Disclaimers
• Follow all ethical rules
• Put a disclaimer on
your account
• Follow terms of
service
31

32. Best Practices for LinkedIn
• Keep it professional
• Avoid sharing personal information beyond work
• Otherwise risk annoying people
• Do not spam in boxes with ads for yourself
• Be careful about disturbing people you do not
know
• Be very polite
• Watch the first impression
32

33. Best Practices for LinkedIn Continued
• Join relevant groups and be active to engage
• Share blog posts
• Share useful information
• Network
33

34. LinkedIn: Skills & Endorsements
• People can endorse
you for any skill on
LinkedIn
• If you do not have the
skill, remove it
34

35. LinkedIn Specialties
• Watch for
specialties
• New York ethics
opinion forbids
use of this tab
35

36. Best Practices for Facebook
• Engage people on your personal
account
• Share only what makes you
comfortable
• If you are not comfortable, don’t
use your personal account
• I discuss:
• My dog
• My work
• News
• Other people’s posts
• My blog posts
• Random facts
• I get clients from Facebook
36

37. Best Practices for Facebook Continued
• Share interesting blog posts
• Share interesting news
• Encourage conversation
• Don’t just use your page as a one way newsletter
• Have a robust page
• Offer contests and sweepstakes
• Watch law and ethics in your state
37

38. Facebook Concerns
• Should you friend clients on Facebook?
• Depends on how you use your account
• Very personal?
• No
• General?
• Maybe
• If you are uncomfortable, tell people to like
your business page instead
38

39. Ethics: Facebook Posts
• What kind of posts are ok on Facebook?
• Watch confidentiality
• Beware of answering specific questions with detailed advice
• Keep true to your personality
• Don’t be afraid of controversy, but don’t seek it out for controversy’s sake
39

40. Remember: No One Can
See or Hear You
• No body language or vocal
inflection
• Different senses of humor
• What is a joke to one person is an
insult or a grievous threat to
another.
• Indiana AG fired over tweet
• “use live ammunition”
40

41. Reviews/Testimonials
• Allowed
• Must follow relevant rules
• Responsible for accuracy
• Ask client to edit or remove
• Respond in comments
• May not suggest results
41

42. Negative Reviews
• Be careful how you respond!
• Best to respond politely (or not at all)
• Do not reveal confidential information
• Attorney suspended for revealing confidential information in response to negative Avvo review
• “…I cannot invent positive facts for him … his own actions in beating up a female co-worker are
what caused the consequences he is now so upset about.”
• Response should not exceed what is necessary to respond to the review.
• PBA FO 2014-200 (July 2014):
• A negative online review does not trigger the “self-defense” exception to confidentiality under RPC
1.6(c)(4).
• Not a “controversy” or “proceeding” within the meaning of the rule so as to permit disclosure of
client confidential information in response.
• Remember that duty of confidentiality does not cease with termination of representation.
42

43. Suing Over Negative Reviews?
• Triggers Streisand Effect
• Creates publicity
• Brings attention to client’s concerns
• Could result in malpractice suit or ethics complaint
• Lawsuit creates the requisite “proceeding” under RPC 1.6(c)(4).
• May share confidential information to defend
• Texas law firm sued a client over a negative Yelp review, posted after the firm
sued for fees.
• Former client complained in review that “this firm not only won’t help you – they intend
to do you harm if they can’t extract enough money of you[.] They are disorganized,
deceptive, manipulative and largely disrespected….”
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44. The Cloud

45. Cloud Computing
• Cloud Computing: accessing data or software
stored on servers located elsewhere.
• ABA States 31% of lawyers are using the Cloud
• But many are unaware that they are using it
• Gmail, Hotmail, Yahoo! Mail are all forms of the Cloud
• Many firms now use the Cloud for:
• Email
• Data storage and backup
• Programs such as Office 2013 (through Office 365)
• Client access to data

46. Why use the Cloud?
• Reduces need for
• Hardware
• Software
• IT support
• Processing power
• Saves space
• No need for a server room
• Can use lower powered and smaller computers
• Easy access to heterogeneous technology from anywhere

47. Choose the Right Provider
• Choosing the wrong provider can be disastrous
• Loss of access to data
• Loss of confidentiality
• Loss of ownership

48. Ask the Correct Questions
• Read the entire agreement
• Ask questions if you are not sure

49. Privacy
• Where are the servers located?
• Different countries, different laws
• Review the privacy policy

50. Security and Access
• Can employees (of cloud company) or contractors access the data?
• If service is not encrypted, can you add encryption
• Non-encrypted service – Dropbox (can add encryption)
• Encrypted service – SpiderOak

51. Reliability
• How old is company?
• Is it likely to go out of business?
• Does it have a lot of down time?
• Is data backed up?
• Where is it backed up?

52. Portability
• Can you permanently delete date?
• Can you move your data easily?
• Who owns the data?
• It should be your client

53. Case Management
• Several leaders in cloud-based case management
• Clio
• Rocketmatters
• Amicus

54. Factors to Consider
• Review Pennsylvania Bar Association Ethics Opinion 2011-200
• Contains useful information on choosing a cloud provider

55. Email in the Cloud

56. Email
• Never use free email accounts
• Many scan email for advertising purposes
• Confidentiality issues
• Branding issues

57. Branding Someone Else?
• Free e-mail is a waste of advertising potential
• Branding Google, AOL, etc
• Purchase domain name
• $15 per year
• Use Office 365
• Use Google Business (paid version)
• Both cost approximately $5-6 per month per seat
• Both provide additional features, including the ability to sync contacts and
calendars

58. Best Email Practices
• Make clear to all clients that e-mail has security risks.
• Obtain permission to use e-mail
• Discuss private accounts with clients
• During a divorce, make certain the account is not shared
• Make certain the account is not a work account
• Encryption is not commonly used
• Be cautious what you send over email
• If the information is very sensitive, consider sending by another means
• Consider using a PDF and securing the file with a password
• Do not send the password via email

59. Confidentiality Rule 1.6
• Confidentiality is a huge issue both on and offline
• Hackers will target law firms
• Various states have different laws about protecting data
• Must take “reasonable efforts” to preserve confidentiality
• Factors include:
• Sensitivity of information
• Likelihood of disclosure if additional safeguards are not employed
• Cost of additional safeguards
• Difficulty implementing safeguards
• Extent to which safeguards adversely affect the lawyer’s ability to represent clients

60. Online Marketing &
Cloud Computing
(Including Ethical Considerations)
Presented for NAELA
February, 2015
Jennifer Ellis
Jennifer@JLEllis.Net
Lowenthal & Abrams
&
Jennifer Ellis, JD
Copyright Jennifer Ellis, 2015 – All Rights Reserved