Law And More

Social Media Presence Extension of Professional Self - That's What Majority of JD Class of 2017 Believe

Forget all the free speech issues embedded in developing a social media presence.

There is the more important one of how the world works. That is, the reality of the possible correlation between a social media profile and being hired for a job and/or being admitted to the state bar.

According to Kaplan Test Preparation, the majority of the JD Class of 2107 believed that social media presence should be factored into decisions about jobs and bar admission. The actual numbers are 78% associated with hiring and 66% related to matters of the state bar.

On Abovethelaw, lawyer-journalist Kathryn Rubino presents the details. But, the Kaplan findings should not surprise, not in any way. 

From the get-go, when social media was dominated by early adopters, we assessed everyone based on the their tone, content, placement and frequency of posting. That's why former Gawker "Wonkette" Ana Marie Cox become America's digital sweetheart. 

The Cox presence led to her having her ticket punched in major media markets. She could land a job or assignment wherever. 

Over time, of course, the digital persona has changed. Cox, for example, has positioned and packaged herself on Twitter as the voice of survival. Her target audiences range from those in recovery to those with psychiatric disorders.

A newer player in social media has been Preet Bharara. His intelligence, charm and wit could land him a well-funded campaign for a run for public office. These are parts of the former U.S. Attorney Southern District of New York which were not prominent before he was fired by Donald Trump.

Me? Once my blogging coach Paul Chaney tutored me on a conversational tone back in 2005, I was able to parachute into a huge field of assignments. One legal one lasted four years. Chaney now heads content at Bizzuka. My persona was and is accessible, smart, over-educated and insecure enough to be likable. 

Takeaway: Don't blow the opportunities available through social media by taking on the wrong identity. 

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I Have a Dream: A World W/O Puppy Mills

If puppy mills in New England can't sell their products (ranging from dogs to gerbils) in stores in classy Cambridge, Massachusetts, they might decide to shut down. 

That's the thinking behind the Cambridge City Council's ban on having non-rescue animals in its stores. Excluded would be animals breed in private homes. Here is the coverage in Boston Magazine.

Cambridge is not the only municipality which has taken this stance. But it is believed that its ban is the most rigorous and far-reaching in the U.S.

The end of puppy mills could trigger the adoption of more homeless animals. 

Meanwhile, there are tight bonds among us who have rescue animals. We swap stories of how that new member of the family came into our lives. 

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Say Cheese - Cheesy Advice Given to Female Struggling to Make Partner at Law Firm

This is no surprise - at least to myriad females who struggled or are struggling to climb the ladder in their professional services firm.

On Abovethelaw, lawyer-journalist Kathryn Rubino recounts the situation in which a female lawyer asked the powers that be what more she needed to do to make partner. Despite praise from clients, she had been passed over for partnership. This true story originally appeared on Slate. Rubino elaborates on how the world really works.

SMILE MORE. That is what the female lawyer was instructed. In addition, she was mandated to do many more social events. She had already been a regular at most of them. Meanwhile she was approaching burnout from the 70+ hour weeks, the socializing, taking care of herself and being there for her family.

Yet, male partners often tell us that early in the game they are tutored to wear a poker face. One actually told me, "My persona is monkish." He does smile a little during developing new business. But not too much. After all, smiling is a defensive gesture. 

This female hoping for upward mobility in a male-dominated industry is not alone. And her saga is not new.

In the mid 1970s I interviewed for an administrative position in academia. Bluntly, the interviewer asked me, "Why aren't you smiling?"

At the end of the 1970s, when I was employed full time in public affairs at a major energy company, at my official performance review, I was told to "laugh less."

It was only when I hung out a shingle at the end of the 1980s that I no longer had to compulsively monitor my persona to ensure that it aligned with what male professionals demanded.

When I went to call on prospects, I wore a good suit, carried an expensive attache case and smiled at the beginning and end of the presentation. Until the Crash in my niche at the turn of the century, I had been wildly successful. 

Currently as the economy improves, I have returned to extreme success. Since 98% of my assignments are remote, there is no need to smile. Or even, as they say in the hospitality industry, put a smile in my voice.

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Lawyers Considering Politics, But Dread Fundraising

The memoir "Al Franken Giant of the Senate" is #20 on Amazon.

It will retain its high ranking because, like Peter Thiel's "Zero to One," it has some shrewd insight for diverse constituencies. Thiel, as lawyers will recall, received his law degree from Stanford. 

Al Franken has this edge in messaging because, in his first career, this current U.S. Senator had been a comic. And, you bet, he was a very successful one.

The essence of comedy is to uncover the truth about how the world really works. Then, position and package it so that reality is experienced as entertainment. 

Among the wisdom is the chapter on fundraising. That's 39 "Cracks in My Soul." With great theatrical flourish, Franken plays out all the horrific aspects of having to beg for funding. But, he also hammers the good he can accomplish by remaining in the U.S. Senate. Without the funding, he would be gonzo. That's how the game goes.

The key takeaway for lawyers considering entering politics is this: Adopt a two-part mindset. One is that fundraising is a must-do. And, two, the goal is worth it. 

With that kind of detached attitude, future politicos can be infinitely creative in how they fund their campaigns. 

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Managing Partners - Thought Leadership As Economy Improves

They're still hanging on: Those content factories which require lots of research from third parties and tons of links to brandname media.

Yet, the return of thought leadership has made that approach to ecommerce so counterproductive. The strong economy has brought back confidence to the executive voice.

Heads of professional services firms, including law, now play in this sandbox: What is currently effective is to present their own seminal thinking. And, if they have conducted it, their own research.

They veer away from third-party research. They don't want links to articles from Law.com. Such links give readers the opportunity to escape and not come back. They could become engrossed in the Law.com piece and then follow the links which are embedded in it. 

Instead, top-tier thought leaders present their own experience in, for example, managing a class action public nuisance lawsuit. 

I label this The "Zero to One" Effect. In that sustained best-seller, Peter Thiel provides fresh insight about creating a successful startup. Published in September 2104, it ranks 1,553 on Amazon. Here you can order it. Thiel earned his JD at Stanford. 

Sure, Thiel's own brand became tarnished in some circles through his support of Donald Trump. But the smart money continues to bet on the venture capitalist's world view. 

When managing partners cite others' research and media coverage they distract attention from what they themselves are presenting. The only valid link is to the Call To Action(CTA). That is, contact them for further information or a complimentary presentation at their corporation.

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Legal Marketing - Thought Leadership Back

The economy has improved. That's is one of the major reasons that thought leadership is back.

The markets for that kind of critical thinking are relaxed enough to welcome complex analysis of what is. Old-line critical thinking is replacing the types of drive-by content such as "6 Tips for Getting Justice for Your Injury."

The second reason is that most of us have been scammed, usually multiple times, by those providing quick takes.

No one needs the 2017 Edelman Trust Barometer to know that trust is totally broken. Even in fast digital time, now we are willing to navigate through a well-reasoned examination of a point of law or anything else.

The lawyers who are sources of that thought leadership have to be willing to give their marketing staff the time to get their heads around their ideas. The job of the team is to pick up on and then position and package not-easy-to-access information and unique insight. That applies not only to BigLaw but also the mid-market and Small/Solo law.

A week ago, I had been looped into a conference call with the founder of a law firm.  What was wanted was give-and-take about his ideas. That is, the team looked to me to assess which were most marketable in the media, establishment and social.

However, the actual material has to be put together in the conversational mode made standard by social media. That has become universal throughout professional services. Clients/prospects will not put up with legalese. Neither will media. 

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Fame, DIY - Gang of Five at Abovethelaw, Ana Marie Cox, Mommy Bloggers

Hollywood's publicity machine used to operate in overdrive to create celebrities.

There were the dates arranged between stars. The appearance on the "Ed Sullivan" show. And the dirt plowed under. That's how the box office revenue was generated.

And that was then. Everything about such a system of celebrity-creation is dying.

At the top of the list of what's killing it off is Rotten Tomatoes. Its TomatoMeter determines more and more ticket sales.

A close second is digital media. If you know how to use it, timing is right and the universe smiles on you, yes, you have a shot at being known around the world. 

In the book published last month, "The Stars In Our Eyes," Julie Klam explains how the path to celebrity status has broadened.

We already know that by the growth of the influencer niche to hawk products, services, points of view and causes. That's open to just about anyone with a large following on social media - or inbound links from those whom commercial interests want to reach. 

The classic example had been the Mommy Bloggers. Heather Armstrong came out of nowhere to land on the Forbes' list as one the Most Powerful Women in Media. 

Of course, there were also all those engaging cats on YouTube and toddlers who could really belt out a song.

So, yes, the fame game is now open to everyone. To apply that cliché, the playing field has been leveled.

The bad news is that, in fast-moving digital time, rarely can the fame be sustained. Klam hammered how old-line celebrities such as Grace Kelly endured. Her film "Rear Window" remains iconic. 

Currently, YouTube entities such as Tyler Oakley will likely come and go. 

It takes tremendous effort to hold the spotlight shining on you.

A success for that has been Ana Marie Cox. She came on stage as the Wonkette on now-gone Gawker. She dished the dirt about what was happening inside the beltway. For that she was paid $10 a post.

But she also had her ticket punched. And she has made it a forever ticket by staying in the public eye through not only her journalism gigs. She is a prolific tweeter. Her appeal is to diverse market segments. They range from anti-Trump politicos to those in recovery. 

In addition, she shaped an America's sweetheart persona. That tends to endure longer than a bizarre one. 

Encouraging is that becoming a celebrity, unlike in the golden age of Hollywood, can be Do It Yourself (DIY). That venture can start by observing how others are going about seeking fame, their strategy and tactics and how they grow a following.

Even in the seemingly tedious world of legal news celebrities have sprouted up. They include the Gang of Five at Abovethelaw.com. Their winning tactic is that they allow others into the act. An example is through how they link in the AM and the PM to others' work. Like the Mommy Bloggers, the Gang of Five came to us from nowhere.

Reflection: If you make getting famous your mission, it can happen. 

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B2C Litigation Financing - Trojan Horse?

Litigation financing for individual plaintiffs is being positioned and packaged as a gift to the cash-strapped seeking justice.

However, that supposed gift could turn out to be a type of Trojan Horse to plaintiffs who will receive a hefty settlement or award in court. That's because much of that or even all of it will not go to them. Instead it will return to the litigation financing firm in the form of interest on the cash advance. As Nolo reports:

"The interest rates on a typical lawsuit loan can run between 27% and 60% a year ... Because the interest is usually compounded monthly, if the case takes two years to settle you will pay back a whopping $32,000 in addition to the $25,000 you borrowed."

However, the seductive part of this so-called deal is this: If there is no settlement or verdict on their behalf, plaintiffs don't have to pay back the initial funding. It is a nonrecourse cash advance. Also, since it's not debt, it is not recorded to the credit agencies. In addition, the funds have no strings attached. It can be used for anything plaintiffs choose to spend it on. 

So, it might appear to plaintiffs that this is "free money.""  However, only the naïve would assume that.

In a sense, those financing operate as venture capitalists. They carefully investigate what they are investing in. Before the process can start, a lawsuit must be filed with a lawyer. Then, the financing firm will assess the merits of the complaint. Of course, litigation tends to be a wild card. However, there is accumulated data about what types of cases will reach the settlement phase or be allowed to proceed to trial. Artificial intelligence (AI) will probably be applied.

This type of funding is especially attractive to those with few or no other financial resources. They might have been hospitalized with food contamination. The out of pocket medical bills they will have to pony up could drive them into bankruptcy. The food company might offer them a quick settlement so they can pay the medical bills. Frequently they don't have any other option. They lack the ability to put all that on credit cards or take out a home equity loan or line of credit. 

In those situations, litigation financing does indeed provide an option. But plaintiffs should ask lots of questions before agreeing to the advance from a litigation financing firm. Their opponents are well aware of the power of delay. The litigation can drag on and on. Meanwhile, the interest is being compounded monthly.

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Charlie Manson - Kicked Off His "Career" With Prison Course in Dale Carnegie's "How to Win Friends & Influence People"

In the San Pedro, California prison, loser Charlie Manson took a course in the principles set down by Dale Carnegie in "How to Win Friends & Influence People."

He was there for auto theft. Until then, he had been unable to get his head around how to get the control and recognition he wanted. Although he had not been a good reader, he was able to absorb every word of every chapter of the Carnegie method. 

He left the joint equipped with the skills needed to have people, both men and women, serve his self-interest. His first try at big success was a recording career. The amazing thing is that, despite limited talent, he did reach the right people to get auditions. 

When that didn't pan out, Manson moved on to an evangelical mission of re-shaping the world. The foot soldiers would be young women.

As the program "Dateline"described them, those youthful females were "bent but not broken." Manson achieved the control he wanted. Eventually he became globally recognized as a master of manipulation.

As he ages in prison, that ability is still being studied by experts. Meantime, it's obvious that the world has to be continually educated about how the "bad guys" lock into our trust, need to belong and be loved. 

Some of that education about not falling for the next Manson comes through pop culture.

At the top of the list is the long-running television series "Criminal Minds." The MOs of serial killers are explained in detail. The lessons are positioned and packaged on "Criminal Minds" in effective ways. We come to see those horrific brutes as themselves victims. Those lessons are reinforced by outing the myopia of the FBI agents themselves. Most can't sustain an intimate relationship off the job. What we get is that all humanity has its dark side. So, be alert. That could save your life.

On a pro bono basis, lawyers might also share with all of us how the fundamentals of persuasion can be twisted to harm. That outreach can start pre-school. 

Influence, as we all know, has become the currency of the 21st century. A businessman who was better at that than even a professional politico is now U.S. president. That's how the world now works. But the usual arrogance which does in some many of us could be kicking in. It may be saying that we ourselves are way too well put together to be manipulated in that way. 

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Jersey City, NJ Pre-Gentrification - Should Those Not Designated "X Group" Sue Snyder High School

On Judith Speer's Facebook space, members of the Silent and the Baby Boomer generations shared their Jersey City, New Jersey memories. 

That was a time the Hague political machine ruled. No one dared dream about becoming a Mad Man like Don Draper, making a living through creativity. Essentially life was focused on survival.

The oldest of us recall the harsh days before oil replaced coal for heating homes. There were no jokes about coal in the Christmas stocking. Coal was a symbol of taking care of your family.

Just keeping the rooms (the railroad kind for those of us who bunked in tenements) warm was a major ordeal. And that was only for during the day. For the nights, count on heated bricks for the feet and homemade bulky quilts. 

Everything from vegetables to ice came into neighborhoods on horse-drawn carts. As yet, there was no "disruption" such as the concept of the supermarket. A&P was to be our version of the smartphone as game-changer.

Few women drove. But the bus system was efficient. Yes, the Hague Machine kept them running on time.

Also, women weren't allowed to sit at the bars. We had to discreetly sip our drinks at tiny tables - when we were allowed into what were called "Gin Mills." 

In Snyder High School, the powers that be hadn't heard about the importance of every young person's self-esteem. There was the group designated smarties. The official name for that, at least in our time, was the "X" group.

We numbered about 35. So, the other 460 in the Class of 1963 likely got it that they were the dummies.  One wonders if those 465 should join a class action lawsuit now. They can contend they have only connected the dots on the stigma of being "Not-X" since this post.  Prison time, lost wages, addiction, premature death and more can be included as the harm done. 

Currently, Jersey City is home to Mad Men. Media companies have moved across the Hudson River there from Manhattan. Before the Mad Men came the Wall Street folks. 

The cold-water walk-up I lived in until age 11, at 227 Bay Street, is a condo complex, with a roof garden. Yes, I asked one of the owners if I could view his condo. Those huge railroad rooms which had been one flat had been converted into two apartments, each with two stories. 

The typical takeaway from Jersey City was this: a deep unique accent, tendency to nickname everyone and everything and primitive hustle instincts. In 1963, I left to matriculate at a small women's college in Western Pennsylvania. I never returned to live in Jersey City again.

Then, that was the road more traveled. Now, Jersey City is the new cool. 

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