Law And More

Starter Marriages - What Lawyers Could Be Pitching

Among the myriad institutions in play is marriage. 

There has been the legalization of the marriage between people of the same sex.

Marriages among different races are no longer atypical. 

In addition, there is growing acceptance of the concept of "starter marriages."

One traditional definition of that is the marriage which endures five years or less. Usually there are no children produced by that marriage.

However, there may be some minors who become a part of it through blended families. The new stepfather adopts his new wife's four-year-old daughter.

Way back in 2003, in the book "The Starter Marriage" Pamela Paul began analyzing that trend. Currently starter marriages are becoming embedded in the Millennial lifestyle. There are all kinds of versions of them.

Usually Millennials don't enter a marriage intending for it to be temporary. But, as the article in BusinessInsider explains, that's what it often turns out to be. Increasingly, its ending is being positioned and packaged in positive terms. The experience can be one of significant learning.

However, that learning, warns lawyer Amada Cubit in the BusienssInsider article, can come at a high price in terms of legal costs. 

For lawyers, all the legalities associated with starter marriages can be business opportunities. That is, if the lawyers are proactive in configuring and promoting their services for that niche.

For example, full-service law firms can advocate the importance of the pre-nuptial agreement. In itself that can reduce the expense of hammering out issues such as equitable distribution, alimony, custody, and child support. The service can be framed as consumer-centric: This will save you money and prevent so much stress.

In addition, the law firm can brand itself as affordable to those Millennials ending marriages. Usually their financial resources are limited. The law firm can become known for tutoring those contemplating divorce on how to choose their shots in order to drive down legal costs and actually cut their financial losses.

Of course, the elephant in the room is: With the reality of young marriages ending early why are Millennials, who are inexperienced in committed relationships, even going the marriage route?

That's one for the psychologists, et al. Perhaps "Dateline" can fold that issue into one of their productions about the spouse offing the other spouse. 

Place your sponsored content on this blog. Here are 6 tips for search engine optimization (SEO) in 2020. Coaching on SEO and Ghostwriting for sponsored content also available. Sliding scale fees. Please take advantage of a complimentary consultation janegenova374@gmail.com.

Legal Marketers - The Art of Nudge

Language, even in this visual era, is everything. Of course, lawyers have that down cold. Their legal marketing teams already struggle over each work for promotional content. 

Then, totally obvious: Be they the words used at dinner during a new-business-development pitch or for search engine optimization, the terminology remains a work horse.

Both commercial and personal rhetoric now includes the language as well as the mindset associated with "nudge."

A headline in The Wall Street Journal contains the term "nudge." That, of course, reinforces that it is okay for business types to use the nudge word. 

A human resources client was playing with the idea of titling a future book on networking "Nudge." That idea was shelved when it seemed more marketable to do a book on how recruitment already is being overhauled by artificial intelligence.

And, way back in 2014, my executive coach gently recommended  that I had to "nudge" myself out of relationships which no longer served their purpose, including my own personal growth. (Here is that story.) Yes, very much the sticky thinking of Henry Cloud in "Necessary Endings."

The magic of the language of nudge is that it is both direct and indirect. 

The direct part is the lawyer informing the prospect shopping around for representation during a transactional service how many moving parts there are and how many things can go wrong. You bet, the fear imperative. Nudge conceals the hammer in a velvet glove.

The indirect part is praising the prospect for entering that space, along with an invite to a dinner at a posh restaurant to sort out ideas. The old-line Dale Carnegie approach of how to win friends and influence people.

However, nudge is an art. Not everyone has the talent to be on the front lines of nudging. That includes some parents who need to parachute in trained nudge types. 

The implications are huge. Legal marketers in-house/outside firms have to retrofit much of the promotional language.

Ditch "the law."

Replace with "consider this narrow passageway through your problem." 

Obviously, this represents a migration of selling to what isn't selling. 

Place your sponsored content on this blog. Here are 6 tips for search engine optimization (SEO) in 2020. Coaching on SEO and Ghostwriting for sponsored content also available. Sliding scale fees. Please take advantage of a complimentary consultation janegenova374@gmail.com.

Those Fake Influencers - Legal Action for Failure to Disclose, Infringement of Likeness

Influencer marketing is raising legal issues. At least when the ad, social network, customer service platform, or political campaign had used fake ones. Those go by myriad terms, ranging from "avatars" to "bots" to "virtual influencers."

The two key legal concerns, reports Law.com, is the failure to disclose that the influencers aren't human and infringement on someone's likeness. Regarding the latter, the virtual influencer could be configured to appear very much like Mr. Rogers. 

Meanwhile the technology behind the fakes is attracting venture capitalists. It's a promising business niche.

Already, last July, California passed the bot law. In that state the undisclosed use of fake influencers is now illegal if the purpose is to motivate a sale or mislead voters during an election. 

This example of lack of transparency in how technology is making new rules in the influencer game could be correlated with an emerging mind: diminished trust in technology. Would Steve Jobs still be a superhero in 2020?

The 2020 Edelman annual Trust Barometer documents the shift from perceiving technology as a positive force to extreme wariness. Of course, a driver for that is the fear that Artificial Intelligence will poach more and more jobs. 

Lawyers involved in jury trials regarding tech will have to work around that mindset. It's well known that jurors are sending a message about their ethical concerns through nuclear verdicts. Those tend to be reduced on appeal, as had the Johnson & Johnson $8 billion risperdal verdict. 

But the activist attitude persists.

If  lawyers are representing defendants in lawsuits about fake influencers they better be brilliant in establishing baseline trust with the jurors.

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Timing Is Everything - Talk of Managing Layoffs/Transitioning in Legal Media

The stock market bounced back today. That's after the drop yesterday which some watchers attributed to the coronavirus.

But, hovering over the legal sector - and many other lines of work - is the fear of a shoe ready to drop.

That shoe is, in the best case scenario, a recession. The recent Citi survey found pessimism about the global and U.S. economy among law-firm leaders. Of course, most were quite confident about how their own firms were going to do in 2020.

At worst, what could be coming is a comprehensive unhinging of work and life as usual. That would include employment at law firms or rather the reductions in force (RIF). 

The drivers would be:

• The perfect storm of a pandemic (yes, the coronavirus which is mutating)
• The barbarians, who had been at the gates protesting society's wrongs like income inequality, racism, and sexism, now had gotten in
• Those busy-bee robots taking over retail and directed by clients of law firms to march into all functions (recall the "March of the Wooden Soldiers")
• Speeded-up outsourcing. Law firms are stripping back to their core competence, that is, practicing law. Bye-bye staff. Sometimes they just have to go. Sometimes their employment status is transferred to the vendor organization. 

It seems no coincidence that in the legal media there is an article on layoffs in the legal sector.

It's by Olga Mack, posted on Abovethelaw. The focus is on the urgent need for that possibility of unemployment to be embedded in the mindsets of even law students. Yeah, they happen.

Back in 2008 -2009, they were brutal. Here Kathryn Rubino recounts what the RIFs were like.

Institutions, ranging from law schools to state bar associations, hammers Mack, should be equipped to guide the displaced lawyers and staff on the road to The Next.

If the axed are fortunate it will be a search for a comparable job in the legal sector.

If not, the platform will be a how-to on leaving a comfort zone and exploring alternate career paths.

Place your sponsored content on this blog. Coaching on SEO and Ghostwriting for that content also available. Sliding scale fees. Please take advantage of a complimentary consultation janegenova374@gmail.com.

Law Firm Media Pitchers - Perfect Storm of Impeachment, Coronavirus, Weather

Even with the internet, the media doesn't have infinite capability for coverage.

After all, manpower is finite.

Right now humans are still needed to assess the news/public interest value of developments and format the selections for publication. That might someday be the tasks of robots. But not currently.

So, in-house media staff in law firms and at outside public relations agencies representing law firms might be hitting a wall. Their pitches are not getting developed into stories. That's both at establishment and digital native media.

What is being covered are those stories with strong, long legs. Today, they include:

• Impeachment - ABC's David Muir was onsite in the U.S. Senate. Drudge Report stood out for headlining not with that but the coronavirus. What media outlets are doing with the story has itself become a story. This is to be expected in an era when media is the most powerful institution in the world. 
• Coronavirus - The Spanish Flu in 1918 infected one-third of the humans on planet earth, It's estimated 20 million to 50 million died. That pandemic had been featured on "Downton Abbey." Remember when Cora almost died! The dominant mindset is: After more than a century, another pandemic is due. 
•  Climate change may or may not have brought the extraordinary cold, along with snow. But the cold is what most parts of the U.S. can't shake. How will this worsen the obesity epidemic and how many unwanted children will be conceived? Clever journalists have a God's Plenty of angles to pursue on this. Among them is this: The high energy bills for staying warm are eating into the ability to pay other kinds of bills. Will this trigger a consumer-driven recession?

No, this preoccupation of the media with just a handful of stories might not let up. Media outlets can get used to the efficiency of hunkering down with a small number of events and keeping the story running. That could further narrow the doorway for law-firm pitching.

One option is for media reps to excel at search engine optimization (SEO). Here is SEO guru Neil Patel's Advanced Cheat Sheet.

There are two killer SEO tactics:

Here is the scoop on getting Google to choose the law-firm posts for "featured snippets."

And, here is how to attract exactly the right attention through long-tail keywords. 

It was New York University professor Scott Galloway, an internet expert, who observed that, globally, media is a zero-growth game.

Journalists and editors gotta do what they gotta do to hang on. That frequently means not investing resources in stories which won't be clickbait. Harvard Law professor Lawrence Lessing is suing the New York Times Co. for allegedly creating a misleading headline and lede about his statement regarding Jeffrey Epstein's donations to elite universities. He contends that happened because the newspaper of record was chasing clickbait. 

Law-firm media folks have to create their own media. That's done brilliantly by the experts serving Sanford Heisler Sharp.

Takeaway: Media players at law firms and the pubic relations agencies which represent them can't "outsource" coverage, not any more. They have to be the media.

Place your sponsored content on this blog. Coaching on SEO and Ghostwriting for that content also available. Sliding scale fees. Please take advantage of a complimentary consultation janegenova374@gmail.com.

 

Google's Featured Snippets - Of Course, Your Law Firm Wants to Be Answering That Search Query

Arriving at the Promised Land of Search Engine Optimization (SEO) is this: Having Google select your post as a featured snippet. 

The featured snippet consists of a brief, usually one-paragraph answer to a query in search. It's derived from a post on the internet. That snippet is placed at the top of the Google search page on a specific subject. And the homerun is that what follow in the answer box are the title of the post and its URL. 

As SEO guru Neil Patel explains in his "Advanced Cheat Sheet to SEO," not only could your original post get a big bounce in traffic.

In addition, there will be an aura surrounding your brand.

Also, your credibility will improve, including in the assessment of Google. Google is becoming more discerning in what sources can post information that is perceived as authoritative. Annually public relations agency Edelman releases its Trust Barometer. In the past several years, overall, trust has been low

During this time of impeachment, the original search query could be: "What does impeachment mean?"

How do you get a shot at your post being chosen to be the featured answer? 

Here are eight tips:

•  Make it your business to have your posts regularly rank in the top 10 search items on an subject. Almost 100 percent of what become snippets are pulled up from those. 
•  Use the long-tail keyword approach. Instead of one keyword there are several. The format is this: popular keyword (head) followed by words that would capture the actual user intent in a search. An example would be "Impeachment - Legal and Political Meaning." About 70 percent of search is submitted as a long tail, not one word. The example would be "Is there no-fault divorce in Ohio," not "Divorce."
•  Know and incorporate the top 30 terms in queries which make their way into featured snippets. They range from "recipe" to "size." The full list is on Patel's Cheat Sheet, page 17.
•  Format post to mirror that of the snippet. That will be, question, short paragraph, then long form explanation.
•  Yes, long form is what Google favors. The minimum is 1890 words. Better yet are 3,000 to 5,000. Make the content a unique fit to the user intent. That refers to what does the searcher really want in terms of information and content. What you provide should be relevant and create new value. No boilerplate. And no restating a point over and over just to reach the word count. Google will hold that against you.
•  Increase the odds of pick-up by including YouTube video, graphics such as mapping and infographics, and photos. 
•  Embed links to other authorities. Then contact them, thanking them for their material and transmitting the link. They can become part of your influence network and share your content with their network. 
•  Attract inbound links from brandnames such as Bloomberg and Drudge Report. The effect is the Wisdom of Crowds one. Google will notice not only the traffic to your posts but  more importantly the quality of the linkers.

There are those who predict that search will become obsolete. Among them is New York University professor Scott Galloway. That is his thesis in his best-selling book "The Four." Amazon and voice will allow bypassing search, Galloway argues.

That could happen. Meanwhile, SEO is a critical factor in branding and actual selling. Also, it's more art than science. A law firm has to invest time in configuring its SEO strategy and tactics. 

Place your sponsored content on this blog. Coaching on SEO and Ghostwriting for that content also available. Sliding scale fees. Please take advantage of a complimentary consultation janegenova374@gmail.com.

 

Legal Marketing & SEO - The Long-Tail Keyword Smart Strategy

Voice. Mobile. And, the trusty old desktop.

Legal marketers have to factor in all of them in creating the kind of content which converts into clicks for the Call to Action.

That's obvious.

What is less well-known and rarely understood is this: Voice, mobile, and desktop produce higher conversion rates (but probably less traffic) through what are known as long-tail keywords. 

Here is Neil Patel's introduction to that tool. Patel is the guru in overall search engine optimization (SEO). At one time, elite law firms sneered at SEO. Less of that is occurring. 

"Long-Tail Keywords" consist of phrases with three or more words.

The first word is the "head" - a generic term like "divorce."  

The words following the head narrow the scope and zero in on what e-marketers should have down cold about prospects.

The terms are highly targeted. For example that might read, "Divorce - Female Attorney, Affordable. Complimentary Consultation, Toledo, OH."

Through research and actually talking with prospects (yes, use focus groups), marketing found out that more women considering marriage dissolution prefer a female lawyer in the Toledo metro area. In addition, although the economy is stable in that part of OH, there is a hang-over of frugality from The Great Recession. The word "affordable" might provide the tipping point for women on the fence to take the next step in investigating the divorce option.

The advantages of the long-tail keywords versus a single popular head keyword are amazing. They include:

•  Targeting. The SEO game, at least in marketing, is to attract the right eyeballs. In media, it's a different game. Publishers want all eyeballs so that they have the big numbers for pitching to advertisers, including those placing sponsored content. 
•  Less competition. Not many lawyers in OH will be promoting that niche in that exact way. 
•  Higher conversion rate. However, there will be less traffic. 
•  Audience further along in buying cycle. They are more ready to click on the Call to Action. 

So, how to develop the right long-tail keywords? Here are  five tips:

•  Climb inside the prospects' heads, hearts, and pocketbooks. What do they need and want?
•  Use free keyword research tools such as Google Keyword Planner and WordStream. Uber Suggest, also free, is configured especially for long-tail keywords. The internet contains plenty of how-tos on how to use them. Mastery comes through taking the time to play around. Explore each filter.
•  Study competitors' long-tail keywords and what kinds of rankings they are getting. Do the results correlate with what can be perceived as success in their business? Yes, it is possible to have relatively high click rate and a low conversion rate, even with long-tail keywords. 
•  Use intuition. Google's search engine operates more on intuition. It "thinks" less like a robot.
•  Be proactive about continually modifying the keywords. Google changes. Prospects Change. The external world changes. The law firm practice changes. The competition changes.

Essentially, the long-tail strategy remains underused in legal e-marketing.

In fact, many of the overall SEO strategies which have been proven out to generate results are underused. That's because too many e-marketers are doing SEO the old way. Meanwhile, Google keeps changing the technology - and rules. One example is the preference for long form, with quality content.

Google starts noticing posts at 1890 words. Better yet are posts with 3,000 to 10,000 words. So, yes, the organic part of the e-marketing campaign should be extensive meaty content. But, of course, in this era of attention deficit disorder, break up the content with subheads, case studies, calculators, photos, and videos. 

What else Google pays attention to are:

•  Demographics. Do the headline, lede, and content align with the target demographic?
•  Location. Local search is big and getting bigger. That makes more and more money for Google in terms of PPC (Pay Per Click or paid advertising). So. of course, Google rewards geographical references.
•  Unique content. Is this information a result of exclusive research such as a survey or poll? Or, at least, it's not easily available elsewhere. 
•  No repetition. Google is onto the trick of repeating points over and over again to reach a certain word count. 
•  Graphic and video supports.
• Inbound links, that is those linking to the marketers' post. That goes back to the wisdom of crowds. If so many people are coming to that post, that's something Google makes note of. 

Overall, e-marketing is no longer a toddler. It is a full-grown adult and it is totally accountable. Yes, typos are held against it. So are errors in grammar and punctuation. 

Place your sponsored content on this blog. Coaching on SEO and Ghostwriting for that content also available. Sliding scale fees. Please take advantage of a complimentary consultation janegenova374@gmail.com.

 

Class Actions, Especially Alleged Public Nuisance - US Chamber, Champion of Tort Reform, Can't Stop That One

The class action, it was predicted, was supposed to die with SCOTUS' rejection of "Dukes v. WalMart."

It was not certified primarily because the class was declared not to have adequate commonality.

The majority of justices classified the organization as decentralized. Given that, managers at the store level, since they were autonomous, couldn't collude to discriminate against women in a systematic manner.

But the class action didn't lose in dominance in the American legal system. The gender bias lawsuit seeking certification as a class "Tolton, et al. v. Jones Day" is high profile. Law firm representing the plaintiff Sanford Heisler Sharp operated a well-oiled public relations machine in all mediums. 

Instead, as Thomas Donohue, chief executive officer of the US Chamber of Commerce, lamented in The "State of American Business 2020" class actions have tripled during the past decade. He contended they raise the cost of doing business, harm business, and threaten jobs. Here are more details from Law.com.

At the top of the list of the kinds of class actions Donohue objects to is the public nuisance. That was introduced by the state attorneys general and plaintiff bar in the push against BigTobacco. The result had been the landmark Master Settlement Agreement. 

Later applying traditional public nuisance law to product liability generated the state level public nuisance lead paint class actions. The first win on that had been in California.

SCOTUS refused to review the conviction of defendant Sherwin-Williams.  Similar suits were then filed in Pennsylvania. The form that usually takes is municipalities and states partnering with plaintiff lawyers working on contingency. In CA, the plaintiff bar billed at 17% of the award. 

No surprise, public nuisance was leveraged in the opioid state actions in states ranging from Ohio to Oklahoma. 

Of course, it has been used by environmentalists against utilities producing the kinds of energy which allegedly factor into climate change. Anticipate seeing lots more of that. Crazy weather patterns are a regular feature on the influential ABC evening news with David Muir. 

What Donohue forecasts is that those businesses in the cell phone loop will be held liable for creating a public nuisance for the distraction which contributes to auto accidents. That can total a long list of defendants. 

Well, Donohue is on the money.

Public nuisance is a protean concept that can be configured for the whatever purposes of municipalities and states, along with the plaintiff bar which assists them. The potential financial windfall is huge. If there is a recession and a budget crunch, there could be plenty more public nuisance lawsuits. Given the trend of nuclear verdicts by juries, the amount could be what the US Chamber hasn't even considered.

In 2005, the US Chamber helped bring about the Class Action Fairness Act.

That was then.

Now, with digital influencing, the power of most trade associations, not only the US Chamber, is in play. Its membership is less than it had been in pre-digital times. And with issues so critical and urgent, more businesses are establishing their own kinds of lobbying campaigns and choosing just-in-time allies for those initiatives. They don't perceive any reason to join the US Chamber of Commerce. 

Meanwhile, the plaintiff bar keeps becoming more sophisticated in its strategies and hands-on tactics. That is one driver of the nuclear jury awards.

Smart global ghostwriting, with niche social networking know-how. Also communications coaching. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Authority in Play - Lessons for Lawyers from Megxit, Iran, France, and the American Revolution

With a very American perspective in The New York Times, columnist Maureen Dowd reflects on the "corgi-and-gin-loving racket." That is, the very wealthy reign of the House of Windsor. 

Essentially, ranging from Prince Andrew's alleged sexual misconduct to Megxit, this is yet one more institution in which trust is lost.

Actually those in the new land went to through that crisis of belief and support about two and a half centuries ago. What was to evolve into the headquarters for global capitalism, the colonists' mindset was about money. The British form of taxation was siphoning off too much of it. 

Windsor's moral authority on everything and anything has blown up.

It would be no surprise if in a future Edelman Trust Barometer there is an allusion to the collapse of belief in the need for the British monarchy.

There is a push-back on the leadership in Iran.

And, in France, Everyman and Everywoman are saying "nonono" to the government's big idea about upping the age of retirement. 

Obviously, Megxit is a microcosm of an extreme paradigm shift in values. That mirrors the intensity of rebellion of not only the American Revolution, but also the French and Russian ones. Of course, lawyers have to pay heed. Law is a man-made institution. The human intersects with all those rules.

The world is bearing witness to that in how Judge James Burke has decided to oversee the Harvey Weinstein trial. Sure, his interpretation of the rules could give ammo to the defense to appeal a conviction. However, currently, it's a kind of "woke" for how judges impose common sense in the convoluted entity that the legal system has become. In time, SCOTUS could decide on the side of simplification: It's that simple that Weinstein shouldn't have been using his cell phone in the courtroom.

With the Barbarians at the Gate, all those with any authority will have to revisit what they consider their "core competence." The question is: What are you best at, what value does that create, how to communicate that, and what is an appropriate reward for all that? 

That type of comprehensive review includes lawyers, both litigation and transactional.

Law.com keeps presenting evidence of the disruptions in the legal sector. Actually, what could be happening is one of those Big Bangs. Law firms, courts, trade associations such as the US Chamber of Commerce, and clients have the opportunity to be proactive on this one.

Communications specialists such as myself are already busy bees recommending:

The new language of authority. Bring on the "we." That's why diversity is so important. With all the current challenges, it's necessary to be inclusive of all points of views and backgrounds. No secret, the legal sector suffers a diversity-challenge. 

Toned-down tone. Authority must sound like it recognizes the unknowability of so much. A Zen mantra is: Clear Thinking, Don't Know.  On "Criminal Minds," there is often an overhaul of the profile. A great moment in broadcasting had been when superprofiler David Rossi had to wrestle with ambiguity.

Confidence in the ability to try on ideas and experiment with solutions. That's how law firm Motley Rice became a respected brand. It put out there and kept refining the traditional concept of public nuisance apllied to product liability. In the California lead paint class action litigation that had resulted in a seminal win. SCOTUS wouldn't review the conviction. 

Connecting. For centuries, the model for that has been how Jesus Christ reached myriad constituencies. Harvard, Stanford, and Yale law schools can launch seminars analyzing the persausive genius of the early Christians. Lawyers have to achieve, metaphorically, eye contact in new business development and all other constituencies to generate positive outcomes for those clients. 

Meanwhile, the 2020 campaign provides a platform for wrestling with the issue of what kinds of leadership are a fit for times of such change. Lawyers should have lots to say about that.

Takeaway: Underneath all the rules is the human need to trust. 

Smart global ghostwriting, with niche social networking know-how. Also communications coaching. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Law Firm PR Players/Marketers - Of Course, You're Struggling to Land Media Coverage

Members of the media have a glut of hot topics.

Those range from The Royals to the state of the global economy.

They don't even have the time or the motivation to click open the pitches from public relations players and marketing types. That includes proposals from brandname law firms. In storyville, it's use it or lose it. And what to use from many law firms can't match the juice in the abdication of Prince Harry or how 2019 ended on a sour note. 

Evidence of that is the uptick of agencies contacting paid influencers like myself about posting guest columns and links on our digital sites.

One agency specializing in reaching out to influencers recently locked in my services with providing with a dashboard.

On it flash articles which assorted parties will pay me to publish on one of my three syndicated sites (the other two are http://janegenova.com and http://over-50.typepad.com). So needed is this service that if I reject to post an article, the contract stipulates that I must explain why and it will be reconfigured according to my specifications. 

Another agency approached me today. In addition to this blog, it requested to be informed if I had other sites on which its clients could place sponsored content. It also asked about paid repurposing, that it slapping on a catchy headline and reposting the material on social networks such as LinkedIn, Twitter, and Facebook.

Those of us who have invested plenty of strategic thinking, experimentation, creativity, and time in our digital sites could be heading toward the financial Promised Land. No, you don't have to be a celebrity-type influencer to make a very good living through this side hustle.

Smart global ghostwriting, with niche social networking know-how. Also communications coaching. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.