Law And More

Legal Marketers - Yes, You Can Get Fired Hiring X or Y Public Relations Agency

The media can't catch up to how technology, consumer preferences, and politics keep changing its business. 

Consequently, to survive, in 2018, it cut 15,474 jobs (source: Challenger, Gray & Christmas). Those reductions in force (RIFs) hit mediums ranging from television to print to movies. Here are more details from the New York Post.

The major problem is figuring out a business model which will sustain and scale revenues.

Advertising is not the answer since Facebook and Google "own" 58% of that market.

In addition, more consumers are deciding on what to buy based on messaging from influencers in social media. For example, the college kid discussing fashion on Instagram constitutes a type of Direct-to-Consumer messaging. It can have more reach than an ad in Conde Nast's Vogue.

Also, as New York University marketing professor Scott Galloway hammers, more and more purchasing is done without the middleman via search engines and devices like Alexa. Brands? The concept is being reconfigured. Read his thinking in his book "The Four."

Paywalls are iffy. Here is my recent article on that wild card which I published in Odwyerpr.com. Right now, thanks to the volatility in politics, media outlets such as The New York Times are experiencing surges in digital subscriptions. But, if local, national, and international politics settles down or becomes of less interest there could be fewer willing to pony up the "toll" to get by the paywall. Yes, it's possible that politics can return to be background noise.

Another challenge has been the Trump Administration's criticism of the objectivity and accuracy of media. That has undermined dependence on media for everything from news to insight about world affairs.

It could be that what we traditionally know as "media" will evolve into an entity that is very new. And, of course, disruptive.

Meanwhile, not only are jobs being lost.

So is power. How much reach do once-influential voices such as Gabriel Sherman's and Graydon Carter's have in February 2019? 

In addition, the growing popularity of podcasting is sucking advertising from traditional media to the hosting businesses. Podcasting is growing at a rate of about 30% annually. The public can also tune in podcasts rather than turning to traditional sources of media to retrieve news and commentary.

The implications for public relations are eye-popping.

Obviously, there are no longer trusted formulas for getting, keeping, modifying, and scaling the right kinds of attention for clients.

In itself, that can force out old-time players in the industry.

A new college graduate, savvy in technology and grassroots influence, can hang out a shingle, compete on price, and take on public relations agencies which are below the top elite tier. More help-wanted ads specify only individuals, not formal communications agencies, should respond. 

It could remain the business reality that legal marketers don't get fired hiring Edelman but they can get fired paying "too much" to a midsized firm whose kinds of work can be done by an upstart shop. 

Legal marketing has to become open to emerging models for messaging. And, fast. 

Need affordable help strategically planning and putting together content? That includes podcast scripting and talking points. Complimentary consultation on how to generate influence without paying high rates, janegenova374 Need @gmail.com. 

Woody Allen v. Amazon - Long Reach of #MeToo, Ronan Farrow

Is Woody Allen finished?

He is if no entity will distribute his films.

And, things could be shaping up that way.

Amazon has backed out of its legal agreement with Allen to distribute the movie "A Rainy Day in New York" and another four movies. Here is a copy of that agreement.

In response, Allen has filed a $68 million lawsuit against Amazon. Here is the coverage in The Wall Street Journal.

The lawsuit, filed in federal court in the Southern District of New York, contends breach of contract without cause. Here is a copy of the complaint.

Sure, there's the #MeToo movement.

And, sure, the now powerful investigative journalist Ronan Farrow, Allen's biological son, continually has been alluding in the media to the alleged molestation of adopted sister Dylan.

In addition, Dylan also had been a busy bee. Her communication with the most reach had been her letter to The New York Times about the alleged sexual misconduct when she was a child.

Of course, all that had to be a factor in the cancellation.

But Allen's argument - a solid one - is that the Amazon powers that be were aware of those allegations when they entered into the contract.

Allen could win the litigation or receive a hefty settlement. But going the lawsuit route to restore his reputation and get going again distribution of his films is a slow one. By its nature, litigation filed in the U.S. legal system can take years - even to settle. Defendants are advised by the their lawyers to leverage delay as at least one legal strategy.

In addition, what has to be factored in is that it's the mission of those in the defense loop to discredit the plaintiff and the case in the courts of public opinion. Allen could again go through the reputational wringer. Old-time actor Fatty Arbuckle won in court but his career never recovered.

By the time the lawsuit is won or settled, Allen's career could have proceeded beyond the point of repair. A dark spell seems to have been cast on him.

Get amazing results through out of box communications strategies/content. Complimentary consultation janegenova374@gmail.com. I help, not sell.

 

Harvey Weinstein Lines Up Legal Team with Track Record for High-Profile Acquittals

Harvey Weinstein might just luck out.

Like Aaron Hernandez and Casey Anthony, he could wind up being acquitted, at least in the court of law.

He has replaced his lawyer Ben Brafman with three lawyers with a track record of high-profile acquittals.

Working together, Ron Sullivan and Pam Mackey got an acquittal for Aaron Hernandez. And Jose Baez got Casey Anthony off the hook. Here are more details from the New York Post.

That's the court of law.

In the court of public opinion, Weinstein could remain damaged goods. A comeback could be impossible. 

It's a wild card who can put together new branding and a new career path after scandal.

Watergate lawyer Chuck Colson pulled that off. He became a spiritual guru. His obituaries praised him for good works. 

One time Hollywood star Fatty Arbuckle remained a pariah, never again able to get the kind of work assignments he had before his trials. He had been acquitted. 

A second act doesn't seem promising for Charlie Rose, Matt Lauer, and Les Moonves.

Get amazing results through out of box communications strategies/content. Complimentary consultation janegenova374@gmail.com. I help, not sell.

"20/20" Presented Robert Blake Saga as Legal Drama - Neglected Psychological Undertow

Big trials are big drama. 

So, no surprise, last week ABC's "20/20" featured a two-hour presentation of the criminal and civil trials connected with the murder of grifter Bonny Bakley.

She was also Robert Blake's wife and mother of his daughter.

Blake became a household name playing Perry Smith in film "In Cold Blood" and a hard-boiled detective in television series "Baretta." 

ABC parachuted in lawyer Dan Abrams to discuss the legal complexities associated with Blake's acquittal in the criminal trial and conviction in the civil one. Because of the multi-million dollar verdict in the latter, Blake went bankrupt. Currently he lives in a simple two-bedroom apartment.

What could have been a downright public service is if ABC also had included a psychological expert. Abrams noted in passing that Blake is an angry man. Most human beings who have endured deep hurt as children do carry rage. 

As "20/20" mentioned, Blake's mother and the man married to her wanted him to be aborted. But at the time it was difficult to get that medical procedure done. Blake was conceived during an affair his mother had with her husband's brother. The brother vanished. Therefore, Blake faced a life in which both his caretakers despised him. The husband beat him and later derailed his career, at least temporarily, by messing with a major studio head.

The kind of life Blake lived seemed to be a stereotypical version of those who had never learned to love themselves because of severe early trauma.

Those of us also in that pickle sure recognize the syndrome. Beneath rage is usually hurt. Top on the list of the victims of that rage are ourselves. 

For years, after a big success, such as "In Cold Blood," he would then drop out. Although he had the resources to vet Bakley before taking up with her, he didn't. 

In the current film "Bohemian Rhapsody," we see that same playout of the lack of self-love. After making it to the top of the music world, Freddie Murphy gets lost. In the process he acquires AIDS. But he is one of the rare souls who finds he can love himself and can live out the rest of his life without self-destruction. 

Blake is 85 years old. It's never too late to acknowledge the hurt from childhood and take the first steps on the journey to learn to love himself as he is. 

Currently, though, Blake remains locked in his pain. 

Get amazing results through out of box communications strategies/content. Complimentary consultation janegenova374@gmail.com. I help, not sell.

The Peril of Not Likely Yourself - Lesson from "Bohemian Rhapsody" for Lawyers

Freddie Mercury, who became lead singer in British band Queen, was filled with self-hate.

The meme of how not liking yourself is so destructive permeates the smash hit film "Bohemian Rhapsody."

Mercury grows up in England in an immigrant family from Pakistan. The father is rigid, especially in his religious beliefs and notion about how an ordinary life should be lived. Of course, that clashes with the creative spark in the young son. 

As with so many creatives, the son follows his dream of artistic performance, despite the father's disapproval. But, as we all know who have taken the road Mercury traveled, there is hell to pay. The undertow of confusion is hard to shake.

Mercury gets lost in sex, booze, and drugs. It will be AIDS which shortens his life. 

But late in his life he does find the ability to love himself. He forms a lasting bond with the man who told him to only come around after he learned to like himself. And his performance is brilliant at the Live Aid concert.

This movie should be shown in rehabs and at recovery meetings. There's not enough of a conversation among the addictive about how self-hate probably got them into that pickle. 

It should also be showcased by the American Bar Association. Lawyers are notorious for self-destructive behavior. The cause could simply be they don't like themselves. 

Out of the Box Communications = Unexpected Results

Complimentary Consultation janegenova374@gmail.com – I help, not sell.

Media - Why Ivy League JDs Labor at Abovethelaw, Not Cravath

More powerful than governments, business enterprises, and nutty leaders is the media.

That could explain why graduates of Ivy League law schools such as Yale (David Lat) and Harvard (Elie Mystal) opt to make careers at Abovethelaw.com, instead of a BigLaw firm such as Cravath.

So, it's predictable that media's own activities will be the big story of 2019. After all, it's heading into so much change.

The story of media could even upstage the saga of the coming global economic slowdown.

In The Wrap, Sharon Waxman reports how digital natives haven't yet found a sustainable model and a way to scale revenues. 

That's been obvious, of course.

Gawker pushed the envelope too far. A jury in Florida pushed back with a $140 million verdict.

Liberal HuffPost, after a strong start, lost traction compared to the conservative Drudge Report.

How long will Vice and Buzzfeed be around?

Meanwhile, establishment media, with a print legacy, has bounced back.

The New York Times got the hang of digital subscriptions and is thriving.

The Atlantic received fresh funding from Steve Jobs' widow.

The New Yorker found a second life with choosing the right juicy topics for investigative reporting. On social, Ronan Farrow put out a call for tips (ronan_farrow@newyorker.com). I sent him two. 

Network television, which was supposed to die, is still around.

Part of the reason why is that we are enjoying the turbulence. In addition to the sexual harassment scandals we wonder what old-line shows such as "Criminal Minds" will be renewed and which new ones like "A Million Little Things" will be allowed to grow an audience.

Also, there is the medium of blogging. Mature, but still packs a bunch. Former Uber engineer Susan Fowler shook up that enterprise with one post.

It was through my three syndicated blogs that I righted wrongs, at least to my satisfaction.

Those ranged from a financial institution which had wasted my time and use of my money to a client who was trying to stiff me.

Also, I got to stand up, toe to toe, to those "good girls" from the days when there were all-women's Catholic colleges barricaded in the woods - here and here. Thanks to that, I took the leap into self-love, which includes self-acceptance. All's well that ends well. In my late 60s I found inner peace. 

Given the media's power, it's the game so many iGens want to play. That's even if the money for the majority isn't up there with first-year associate salary at law firms (nearly $200k). They contact me for advice.

Because of the volatility in the media industry, I recommend their spreading the earnings risk: Develop multiple sources of income.

For example, as side hustles do marketing communications and tutor preparation for the SAT. Here is my article, published on Odwyepr.com, about managing what I call "mutt branding." That is, a diverse professional identity. 

Perhaps the most useful tool we can give the global underdogs, as well as those here in the U.S., is insider insight about how media works. That could be the greatest gift to mankind since Prometheus passed on the know-how of fire. 

Out of the Box Communications = Unexpected Results

Complimentary Consultation janegenova374@gmail.com – I help, not sell.

Blue-Collar Version of #MeToo Movement: Film "Widows"

The 2018 "heist" film - "Widows" - essentially lifts four law-abiding women out of their comfort zone. And into a totally criminal world in today's Chicago. 

Overall, "Widows" is a darker version of the television show "Good Girls." In both, the catalyst for this transformation is an urgent need for big money. In both, the plot twists and acting are extraordinary. 

Three of the four women are supposedly widows whose husbands had been involved in a theft that goes very wrong.

However, among the plot surprises is that one of the women - Veronica - finds out that her husband Harry Rawlings is actually alive. He had betrayed his fellow criminals and his wife. He is living with the white widow of one of that crew. Veronica is black. 

After the deaths, a Chicago thug who is also running for office -Jamal Manning - demands that Veronica pony up the $2 million that Rawlings was supposed to have given him for the campaign.

Manning means business. He offs Veronica's driver.

Veronica comes up with the heist plan, based on Rawlings' OCD-kind of "red book" of past, present, and future crimes. She picks up one of the latter. Of course, the widow Rawlings is bunking with doesn't accept her invitation to join the gang. That space is filled in by a tough but honest hustler who works several jobs. 

All four had emotionally gone through the wringer.

Veronica has lost her son. He had been gunned down by two Chicago police officers.

Alice had been abused by both her dead husband and all-too-alive mother.

Linda's store is taken away from her by her dead husband's reckless spending.

That's the heart of the matter. The money from the heist will give all a fresh start. Their former lives had either been an illusion or as horrific as the ugly underbelly of Chicago. 

Things don't go as planned. Two people get murdered. Alice is shot. Rawlings turns up to collect the money. He's the third to be murdered and it's by Veronica.

But, all's well that ends well. The money is theirs. Veronica contributes some for a school library. Alice has a shot at self-esteem. Linda gets the store back. And the hustler leaves a bag of money for one of her former employers. 

In a sense, this film is as much about female empowerment as the #MeToo movement. These four women overcome the power of self-absorbed males and a corrupt system.

Out of the Box Communications = Unexpected Results

Complimentary Consultation janegenova374@gmail.com – I help, not sell.

Lawyers, Yes, You Do Have a Shot at Doing a FIRE

"My girlfriend and I will semi-retire in Mexico."

That's what a 70-year-old professional told us at Christmas dinner.

Long story short, he had endured a reversal of fortune in 2008. It had been the perfect storm, ranging from major losses in his investments to a layoff in his media job. 

Like so many aging, as The Wall Street Journal reports, he hasn't been able to bounce back financially. Here and there he can pick up low-wage gigs. So far, his efforts at starting up businesses haven't yielded a profit.

No surprise, some at dinner jumped right in with the mythology surrounding Brand Mexico.

They warned him to abandon that "nutty" plan. Essentially, the location is being positioned and packaged as a risk-your-life force field. The message: Just about anywhere outside the U.S. but Mexico.

That's exactly why those who have experienced a very different lifestyle in Mexico or have researched it have to become the loudest voices in the room shouting the realities.

One is Chuck Bolten who belts out the good news in Forbes.

Another is International Living, the number-one resource for retiring or semi-retiring outside the U.S. 

A third are all those participating in chat rooms. Just key in "Living in Mexico - Chat Rooms."

Just as is the situation here in Eastern Ohio, there are safe and unsafe places in Mexico. Here is one of the myriad articles covering the details of that in Mexico. 

Also, there are huge differences throughout Mexico about cost of living, quality of infrastructure such as internet access, and the culture of various expat communities. Here is a backgrounder you can download to get you started in your due diligence.

Our dinner companion and his significant other are planning the next smart step in this relocation decision. They are saving their pennies to be able to visit the Mexican beach town which seems, at least in their research, to be the best fit for them.

The film "The Most Exotic Marigold Hotel" warns about relocating abroad without first checking out the promotional literature and media coverage in person. 

In addition, a wise approach is to test out this plan in small bites.

For example, there are those I coach (a side hustle growing out of communications enterprise) who are maintaining as much of the familiar as possible.

A 66-year-old lawyer in Massachusetts is relocating to the U.S. city - Sierra Vista, Arizona, on the border of Nogales, Mexico.  For her, that represents doing a FIRE - Financial Independence, Retire Early.

There she can rent a 400-square-foot efficiency apartment, including utilities, at Westwood Village Apartments for $500 a month.

Through Humana, she can have her no-premium Medicare Advantage supplement.

From that base of operations she can explore potential places to settle down in Mexico.

Among her specifications for that are:

• Get around without owning a car
• Excellent infrastructure, ranging from healthcare to telecommunications
• Conducive to starting up an online business
• Friendly but sophisticated expat community
• Low crime rate
• Near water.

She is in no hurry to find her Dream in Mexico. For her, the search is part of the adventure of starting over.

This lawyer probably will have lots of company, both in renting in the low-cost southern tip of AZ and toying with the idea of becoming an expat in Mexico.

See, that's a common sense strategy to prevent homelessness. Soon enough, it won't seem radical.

According to Zillow, the median rent in the U.S. has risen this year 2.8% to $1,445. That's the biggest jump since 2016. Fewer and fewer can afford to buy. So, they are renting. Landlord Nation has taken note. At lease renewal time, more and more can expect big increases. 

Just in MA, during 2018, homelessness has shot up 14%.

Takeaway: There are sensible solutions to retiring on one's own terms - as well as dodging the homelessness bullet.

Out of the Box Communications = Unexpected Results

Complimentary Consultation janegenova374@gmail.com – I help, not sell.

Ruth Bader Ginsburg - That Dangerous Term "Cult" Being Applied to Her

"Cult" is a negative term. When applied and if it sticks, it can undermine a brand.

The now-classic example is 12-step program Alcoholics Anonymous. Some of us are waiting for the whopper of a court case which will wind up banning mandating attendance at its meetings by judges. Meanwhile, some media outlets such as The Atlantic highlight its low success rate and declining membership.

Now, as Peter Canellos contends in Politico, a cult-like status has overtaken U.S. Supreme Court Justice Ruth Bader Ginsburg. The documentary "On the Basis of Sex" is reinforcing that aura. 

Why Canellos views the supposed RBG cult as not good is that it distracts from the law of the land. Instead it focuses narrowly on Ginsburg as a supposed political player - a progressive one.

That, of course, is reductionistic. In the end, it can undermine her contributions to judicial thinking as a member of the U.S. Supreme Court.

Could it be up to Ginsburg to discourage positioning and packaging her as a liberal superhero?

Out of the Box Communications = Unexpected Results

Complimentary Consultation janegenova374@gmail.com – I help, not sell.

 

Lawyers: Playing Fortnite with Your Children/Grandchildren Christmas Day

Fortnite could dominate Christmas day among families. And, for lawyers with children/grandchildren, maybe it should.

On Forbes, videogame expert Paul Tassi publishes a Fortnite holiday guide for parents and grandparents. Likely the children (that is, those family members age 18 or under) will be consumed with the game, which they can play on their smartphones.

And, with good reason, the lawyer parents and grandparents should be having a conversation if this phenomenon preoccupying 125 million around the world is harmless entertainment - or a Trojan Horse. Already, media outlets in Ireland, Australia, New Zealand, and the U.S. are warning about the possible dangers.

The most scary aspect is the videogame's format of the last-man-standing.

You bet, it is a version of "Hunger Games," only with cute. The avatars are cartoonish and can be dressed up to be downright adorable. However, all but one - the winner - will wind up dead.

The message here to children is that to win, that is survive, you have to slaughter the competition. Kill or be killed. No ambiguity about that. 

Incidentally, the U.S. legal system, which operates on the adversarial model, requires just that - only without the actual killing, unless the case is a death penalty one. Some speculate the necessary mindset lawyers have to adopt to accommodate that is what could be causing high levels of clinical depression, substance abuse, and suicide. In court, you win or you lose. A loss means your brand dies a little or, if the case is high-profile, a lot.

Another concern is that because of its configuration, the game is addictive. That means children are spending lots of time engaged with it.

You have to have taken a stupid pill not to assume this: The violent behavior pattern is being wired into their brains. Will Fortnite compulsive players size up the world as a perilous arena in which they have to be hyperalert to enemies and then respond with real lethal weapons? Don't leave home without one.

Of course, any adult on Christmas day who challenges Fortnite will trigger eyerolls.

We Baby Boomers did just that when our medium - television - was vilified as mind-rot. Adults told us: We weren't going to concentrate in school or do our homework. Our values would be formed by the shoot 'em up westerns. And, we were going to grow obese being couch-bound. 

No wonder we were the gen to create the slogan "Don't trust anyone over 30."

Probably the most effective tactic for adults to figure out any dark side of Fortnite is to play lots of it with the children in the lives. Yes, right during Christmas Day.

While enjoying the game they can gently insert some questions for the younger players to consider.

For example:

Is everyone a bad guy or girl?

Did you ever think someone was bad and that person really wasn't bad. 

Why do you think people become enemies?

Is it better to be friends?

Out of the Box Communications = Unexpected Results

Complimentary Consultation janegenova374@gmail.com – I help, not sell.