According to a 2016 study by the Pew Research Center, 69 percent of adults in the U.S. use social networking sites. If you have not yet considered reaching potential clients through social media advertising, now might be the time; and as always, be sure to mind the ethics warnings.
At the SDCBA’s Law + Technology Summit in January, attorney and law technology expert Jeff Bennion covered how and why attorneys should market and advertise on social media. At the same seminar, attorney and SDCBA Director Renée Galente shared wisdom on ethics for social media. Here are a few key points from their presentations:
Why Social Media?
In an age where we have almost unlimited information at our fingertips, to potential clients it may seem suspicious if an attorney is not “out there” on the internet. Would you buy a TV that doesn’t have any online reviews?
Social media is unique because it allows you to target your audience in very specific ways. Some social media platforms provide the ability to reach specific demographics by gender, age, location, interests and more, giving you the ability to better reach potential clients.
Types of Social Media Marketing and Advertising
YouTube: Why
- Content posted to YouTube is evergreen, meaning it is not necessarily “news” and is relevant at any time. Unlike Facebook posts, which are seen the day they are posted and are then put on a shelf, YouTube videos show up in searches for years after they are posted.
- Google owns YouTube, which helps you rank better in search results.
- YouTube videos can be repurposed for Facebook videos.
YouTube: How
- Videos should be short (about a minute long) and answer simple questions.
- You can even make video slideshows in PowerPoint.
- Include links to your website or other social media.
- Include a description to help with search analytics.
- Make your videos part of a playlist.
Twitter: Why
- Twitter is great for branding.
- Tweets allow you to send short messages, and not substantive content.
- The amount of tweets and followers displayed on your profile is like a badge of honor — it’s the most prominent item visitors see when they arrive on your page.
Twitter: How
- Start by following newspapers, organizations and influential people.
- Retweet important posts, adding comments. You might get a public thank you, which exposes you to that account’s followers.
- Tweet original thoughts and comments.
Facebook Advertising: Why
- Facebook is one of the social networking platforms that allow advertisers to promote their businesses to specific demographics. You can reach people of a specific age range, location and gender. Facebook also displays the amount of people you can potentially reach when you specify your target demographics.
- Advertisers have the option of also running their promotional posts on Instagram, which is owned by Facebook.
Facebook Advertising: How
- You must have a business page to advertise on Facebook. Simply search the internet for instructions on how to set one up.
- Several options are available through Facebook to create an ad — through the Ads Manager, Business Manager or the Ads Manager App. Choose one option and follow the prompts to create your ad.
- Be sure to identify your target audience before creating content for your ad. This is key to reaching potential clients and gives your ad dollars the most bang for their buck.
Ethical Use of Social Media
The SDCBA’s Law + Technology Summit also featured attorney and SDCBA Director Renée Galente who explained the ethics of marketing and advertising on social media. Here are a few highlights from Renée’s presentation:
When Is It Advertising?
Consider your message before posting. State Bar of California Formal Opinion 2012-186 gives ethics guidance on what to look out for — the reader’s digest: “It’s advertising if it contains a call to action.” And bragging and educating are not advertising. A few good and bad examples:
- Good: “Case finally over. Unanimous verdict! Celebrating tonight.”
- Bad: “Another great victory in court today! My client is delighted. Who wants to be next?”
- Good: “Just published an article on wage and hour breaks. Let me know if you would like a copy.”
- Bad: “Won another personal injury case. Call me for a free consultation.”
Using Social Media to Build Your Case
- Google or search social media for parties or key witnesses.
- You can use public information —anything a lawyer can access freely on the internet does not require “friending,” “linking” or “connecting.” A good rule of thumb: If you can Google it, you’re good.
- Talk to your clients about their social media usage. Consider if you want to “friend” your client, and put it in your fee agreement.
- Do not tell your client to delete posts.
- CA Rules of Professional Conduct, Rule 2-100 provides guidance: “While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.” Represented parties may include high-ranking employees — don’t do it.
But What If …
- The friend request is not about the subject of the representation because it doesn’t refer to the issues raised by the representation? Don’t.
- They put it online, so it’s not private? Don’t.
- I don’t tell them who I really am? Don’t. There is a duty not to deceive.
- Social media and online advertising can give your marketing strategy a boost, but only when you abide by the ethics rules. Always be mindful of the guidelines and if you haven’t already, give social media a go.
Compiled from information presented by Jeff Bennion, Renée Galente, and Jenna Little.
This article was originally published in the March/April 2018 issue of San Diego Lawyer.