Law And More

Trial Lawyers & The Paranormal

In public, many do an eye roll when any paranormal phenomenon is mentioned.

This is especially the situation with trial lawyers.

After all, they are trained to focus on empirical data (aka evidence). Some of that may be lousy for a particular case. That's a no-changer.

Also, they are aware how many variables can affect the outcome of their case. Those include the venue, the law itself, the quality of the opposing lawyer, client demand, the judge, the jury, and, now, the tendency for juries to perceive themselves as change agents reforming through nuclear verdicts. 

But, when unobserved (except by all those collecting data about us) on the internet, those same lawyers are likely exploring what the future might bring for them. That could be in a specific trial or their overall career.

For example, for New York Magazine, among the popular columns is "Madame Clairevoyant."

Today there is a detailed projection for every astrology zodiac sign for the week of November 11th. 

Since New York Magazine has no paywall, anyone can click on "Madame Clairevoyant" without charge.

If that were to be done on an internet site such as Psychic Interactive, the fee, paid with a credit card, is $19 for 15 minutes. At Angelica of the Angels in Salem, MA, the fee is $30 for 15 minutes for a phone or in-person reading. For lawyers involved in high stakes, the best option at Angelica would be to book a reading with the founder Rev. Barbara. That costs $40 for 15 minutes. 

So, what do you get for free at New York Magazine?

More than is disclosed through fortune cookies. But not much, at least for me, a Taurus (May 3rd).

I was warned about chasing after the past, including what I had lost. Yeah, a lot like what executive coach Henry Cloud's book "Necessary Endings" is about. 

The irony is this: More and more of us no longer have a past to chase after.

For instance, the place I grew up in - Jersey City, New Jersey - no longer exists. No, it wasn't bombed out. It was gentrified. Not far from where my family paid $30 monthly for five railroad rooms, a studio apartment runs between $2,973 and $3,198 for that same month.

So many of my enemies are dead. The end of a feud through death can represent a significant loss. 

And, the love of English and American literature which plunked me into a doctoral program (unmarketable) becomes increasingly a non-share. I mentioned "The Great Gatsby" to a Millennial client. I will never do that again. I could see myself fading into old before her eyes.

With less and less past to chase, there are only current possibilities. Maybe that has been Madame Clairevoyant's message to me: Spot potential and go after it. 

For trial lawyers, the message, direct or indirect, could be: Work way harder than the opposition.

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

In the Rubble Left by "Hogan v. Gawker"

Ever since wrestling celebrity Hulk Hogan filed a lawsuit against digital tabloid Gawker, it's been plagued with life-and-death struggles. Superlawyer who also helps out Melania Trump Charles Harder won a $141 million verdict. And what helped out some was the litigation funding of venture capitalist Peter Thiel.

After Gawker went bankrupt because of the jury decision, eventually Bustle Media Group bought what was left of it. Could there be a jinx on Gawker 2.0?

As the New York Post reports, the second coming of the gossipy site hasn't happened as yet. And those associated with it have suffered.

Back in the summer the whole staff got axed.

The two brandname writers who had resigned in protest of Carson Griffith's whatever can't find full-time work. They are Maya Kosoff and Anna Breslaw. In the media space, writers continue to find they can't find the kind of cool jobs they used to have. That will only get worse as more journalism outlets shutter. 

The whole Gawker saga sends a message: Beware how much you push the envelope. Provocative? Controversial? Whistle-blowing? Yes, all that brings traffic. But it can also drive away advertisers and trigger lawsuits.  Media properties have to balance the extreme need for attention with the ability to stay in business.

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

Lawyers - The 5 Must-Ask Questions about Your Content Marketing

Too much of content marketing is ineffective.

That is, it doesn't motivate prospects to take the Call To Action (CTA).

The failure is occurring in all lines of business, including professional services such as law.

One major reason for the miss is this: The content marketing, in tone, organization, and text/visuals, isn't created to engage prospects.

Instead, it's about you.

And, selling isn't about you.

From the get-go, the serpent in the Garden of Eden knew that. He custom-made his pitch to persuade Eve. The fit was perfect. She responded to the CTA.

The classic example of the wrong everything in content marketing is the book intended to both brand the author as an expert and to sell the whatever. 

On the one hand, the tone and text are conversational. That kind of intimacy is a must in this era of social networks. Yes, continue to use the first-person "I" in most books.

On the other hand, the author takes over the narrative with excessive intrusion of the self. Unfortunately, the surge of narcissism also is part of the shift to conversational communications.

To keep the tone, format, and text/visuals of content marketing on-track filter ever strategy and tactic through the 5 questions:

• Am I helping prospects to solve their challenges?
• Is the package customized for each target, such as iGen or Baby Boomers?
• Am I doing this in as brief a manner as possible? Or is there excess whatever, including commentary from me?
•  What is blocking prospects from buying, be that a point of view, product, service, or fundraising campaign? 
• Am I continually editing the content marketing to align with results? Yes, it's all a work in progress. 

The good news is that there is time to retrofit content marketing before the next downturn, which signs indicate is on its way.

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

Lawyers, Law Students, Law Firm Staff - Has Halloween Got You Thinking about Career Shift to Paranormal?

The ghostly holiday of Halloween has evolved into the social event in America.

It's family-free, theatrical, and encourages excess consumption of no-nos like candy and booze.

In the U.S. it generates about $9 billion annually, documents the National Retail Federation Annual Survey.

So, no slouches when it comes to a good story, media outlets, such as the New York Post, look for the unique angle on Halloween.

One is spiritualism. 

The narrow definition of "spiritualism" is the one the Post focuses on. That's essentially about communication with dead people, that is, reaching those who have passed over. Usually that time travel is facilitated by a medium. 

Yes, that goes on. The Post cites the spiritualist community of Lily Dale, in upstate New York, near Fred0nia and an hour from Buffalo.

There are other groups in other locations with special expertise in spiritualism. They range from Angelica of the Angels in Salem, Massachusetts to Tamara in Tucson, Arizona. 

Most spiritualism organizations currently broadly define their mission as including reaching out to live human beings with insight, comfort, and guidance. The particular expertise ranges from telepathy to clairvoyance. The methods are all over the place, be they tarot cards, crystals, or intuition.

Spiritualism centers also conduct training sessions. In them, spiritualists learn to enhance their skills. Non-spiritualists can unleash their inner gifts to transition to this career path. Many spiritualists believe this capability is inherent in every human being. Conventional society tends to push to keep it dormant there. 

The craft can be done full-time, part-time, or as a side hustle. The flexibility makes it ideal to try out for lawyers, law students, and law firm staff.

That shift can be lucrative for the experienced spiritualist who has branding down cold.

For example, at high-profile Angelica of the Angels, here is the price menu:

•  Walk-in or phone reading - 15 minutes for $30, 20 minutes for $40
•  Walk-in or phone reading with founder Rev. Barbara - 15 for $40 (yes, she is also a medium)
•  House parties - check for pricing.

More usual is a dollar a minute which late spiritualist Marianne Kremer at the Jersey Shore billed at. Psychic Interactive charges $19 for 15 minutes (there is no tipping).

Given that spiritualism deals with non-empirical phenomena, it's expected that it's misunderstood.

To begin with, it's not spirituality.

Centers for spirituality, such as various schools of Buddhism, essentially have as their mission a kind of cognitive therapy. That is, there is a taming of the mental processes or "monkey mind." The regular practice can result in peace of mind. Without intrusive thoughts, it's easier to concentrate. Therefore, there could be more success in professional and personal life.

In addition, evangelical religious groups such as the Baptists hold as a tenet the existence of God. That entity is an absolute. Yes, that resembles the ideology of the Roman Catholic Church which positions and packages the pope as infallible and directly in touch with God the Father, the Son, and the Holy Ghost.

Spiritualism doesn't require a belief in God. In that way, it resembles Secular Humanism. A branch of that movement in the U.S. is Secular Humanists of Western Lake Erie. (Those in the Midwest can reach it at contact_us@humanistswle.org.)

Also, 12-step program Alcoholics Anonymous, often mislabeled as a religion, has embedded a higher power. That can be interpreted loosely. However, getting sober and remaining that way is thought to be correlated with surrender of the will to that higher power.

As confidence is shaken in the algorithms of artificial intelligence, more seeking insight might turn to spiritualism.

Of course, as in all fields, there are frauds.

It is necessary to receive a referral from those who are "regulars" in spiritualism. They can be reached through trusted brandname psychics, neighborhood digital networks, yoga studios, and even some spirituality centers. Most offer phone services and take credit cards. Tips are usually appreciated.

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

Jurors as Change Agents - How Plaintiff Bar Casts Spells, How Defense Bar Can Push Back

The public began to notice extreme verdicts against defendants in "Hulk Hogan v. Gawker." Plaintiff Hogan had been awarded $141 million.

More recently, there had been the $8 billion punitive damage verdict in the Risperdal case against Johnson & Johnson.

Since pop culture, ranging from "Court TV to the New York Post, are favs on Main Street, it's necessary for those in the sophisticated legal sector to explain what might be going on. Jury pools are made up of members from Main Street.

The latest comes from Law.com. Essentially, it posits that the plaintiff bar has been successful in reaching what science classifies as the "reptile brain." Embedded there is the flight-or-flight response.

Plaintiff lawyers frame a case so that jurors perceive themselves as potentially in the same pickle as the plaintiff. So, they are motivated to respond with anger. In the process, they can come to view themselves as change agents. They will render a verdict which sends the message: Don't do something like this again. 

Of course, that's a heady experience. It can bring enormous satisfaction. Who doesn't want to be a hero?

The Law.com analysis points out that defense attorneys can push back by showing jurors that their clients are good corporate citizens. That entails masterful positioning and packaging. Yes, it has high public relations content. 

The challenge is this: Historically the defense bar hasn't been as skilled as the plaintiff one in presenting the emotional undertow of a case. Defense lawyers tend to live in their heads and the rules of evidence. The plaintiff bar knows how to connect with other human beings. 

In addition to learning to engage, defense lawyers must also unleash a campaign to educate jurors about the importance of being "fair and impartial." It's not their mission to change the system - or the world. Their focus must be on that one specific case.

Meanwhile, the plaintiff bar will continue to work its emotional voodoo. Myriad more over-the-top verdicts can be expected.

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

 

Boo - The Ghost of Roger Ailes

In this Halloween season of ghosts, the one of Roger Ailes is hovering over Fox.

There is speculation, reports Deadline, that had he still been at Fox, Shep Smith would also still be there.

Ailes would have protected all his employees from a force field of extreme conservatism. In that power structure, of course, is Trumpism.

Although Ailes allegedly had the tragic flaw of exploiting women, he had the kind of Machiavellian instincts that caused others with power not to mess with him. There had been a tidbit floating around the grapevine that even media tycoon Rupert Murdoch had been afraid of him.

Unfortunately, in the end, Ailes did not know how to protect his own power.

That might have begun with threat of publication of Gabriel Sherman's critical biography "The Loudest Voice in the Room."

In response, Ailes' personal public relations representative Bob Dilenschneider placed an ad in The New York Times Review of Books for a vanity biography.

That went very wrong when the media sniffed out that it was Dilenschneider and not a publisher who purchased the promotional outreach.

One reason was this: The bullish-on-Ailes biography - "Roger Ailes: Off Camera" by Zev Chafets - already had been bouncing around for a year.

Brandname media such as AdWeek ran with the story. Ailes came across as looking vulnerable, that is, like he was afraid of what was and could be published about him.

Any sign of vulnerability invites enemies in. The rest is history. 

As U.S. conservatism is in play, both through possible impeachment of a far-right president and the 2020 election, no one can predict if the Fox edifice will weaken. It could even be replaced by a more savvy broadcasting upstart.

Many are noticing that the once right-wing Drudge Report has become more balanced in its curation. The major example of that is that Matt Drudge is covering the current impeachment process with as much detail as he had the liberal one - Bill Clinton's.

In essence, Drudge is a businessman, not an ideologue. Fox isn't embracing that model. That could be the end of a media empire.

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

Legal Marketing: Reward/Risk in Publishing a Book

Legal marketers, at least at the high end, might be recommending to lawyers publishing a book.

After all, it has been observed that it was not Alan Dershowitz's legal mind per se but his genius about publishing the right kinds of books at the right time that earned him his brandname and brought in new business.

In addition, of course, he also has a genius for selecting the right kinds of cases to be involved with. You bet, he was part of the O.J. Simpson criminal murder trial dream team.

That guy's inner marketer had always been on the money. 

This push to publish, of course, permeates all professional services, as well as other industries. However, legal marketers have to factor in both the possible reward and the growing risks. 

Bob Dilenschneider is going the book-publishing route yet again. That has been part of his signature in public affairs. Yesyesyes, a book can be a powerful marketing tool.

But, just like every other marketing strategy in a digital age, that has changed - profoundly. 

There is now risk, not just possible reward, associated with this Manhattan public affair counselor's coming "Decisions: Practical Advice from 23 Men & Women Who Shaped the World."

The publication date is December 31, 2019.

Currently, pre-publication, on Amazon, which can be either the corridor of shame or evidence of crushing it, there are no customer reviews for "Decisions."

The ranking is 6,440,171.

Given all the shifts in publishing a book, pre-publication has evolved into a phase when aggressive promotion should be taking place. Yes, brisk pre-publication orders send the message that this read is hot in certain categories. 

Pre-Digital Mindset

The advice to ambitious professionals from ghostwriters such as myself et al. used to be:

A book is the price of entry. You need one to launch your career.

Then you need to follow that up with another book every several years. It isn't only the academic game that is the "publish or perish" one.

The objective is both branding and developing new business.

Post-Digital Mindset

Currently, the advice to ambitious professionals is:

A book is useful as part of an integrated marketing campaign. 

No, it can't be a stand-along platform for anything. Social media, participation on social networks, podcasts, special events, and more are also mandated.

And book publishing shouldn't be attempted unless there is the budget for a top publicist specializing in the book niche.

Otherwise, an effective and cost-efficient marketing strategy is the free substance-heavy e-book downloadable from a website. 

Since ghostwriting print books is among the specializations for my boutique, I continually analyze this marketing strategy.

Reward

Yes, I continue to be awed by how a book can create an aura.

An example is Peter Thiel's "Zero to One." Published September 16, 2014, it continues to rank amazingly high on Amazon: 1,549 (as of 11:22 AM New York time, 10/6/19). So far, it has received 2052 customer reviews, most positive (book is rated almost 5 out of 5).

Through this macro advice guide for entrepreneurs Thiel had been able to transcend his conservative branding. Instead he is the go-to guy for insight on startups. 

In addition, it provides unique insight on careers in general. With his law degree from Stanford, Thiel applied for clerk positions on the U.S. Supreme Court with two judges.

Both turned him down.

At the time, the rejections were devastating to Thiel. However, had that door not closed the entrepreneurial one wouldn't have opened. He went on to co-found PayPal - and much much more.

Risk

Simultaneously, I am appropriately concerned about the damage low rankings and negative or no reviews can create on Amazon. The risk is palpable. The author's enemies check with great glee how poorly the book is selling, at least through Amazon.

Put bluntly, Amazon has become the analogue of the televised Academy Awards. For the latter as the camera pans, the ambitious will position and package themselves perfectly. There is no margin for error.

Likewise, with Amazon, before putting a book out there, professionals in all fields have to assess how that published content will play out. There is no absolute certainty. But it's possible to calculate the odds of success in a ballpark manner.

As a window into the current book publishing game, it could be enlightening to analyze how "Decisions" does.

For instance, who is leaving book reviews? Do those reflect real thought? How many are posted? What about the intelligent negative reviews? What are the sales? And, what seems to be the integrated promotional campaign, if any?

To paraphrase William Shakespeare's "Henry 4, Part 2: Uneasy lies the head that publishes a book in 2019.

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

 

Manna from Heaven (and hell) - Epstein Donor Crisis at MIT Deepens as Goodwin Procter Investigates

As in big time politics, among prestigious academic brands, there must be a continual influx of what is usually referred to as "real money."

That manna comes from both heaven (respected foundations and philanthropists) and hell (donors such as Jeffrey Epstein).

Now, such a traditional dynamic is being scrutinized in the media. That had been kicked off by Ronan Farrow's expose in The New Yorker about the MIT Media Lab's acceptance and lack of transparency regarding donations from convicted pedophile Epstein. Very quickly the head of the Lab Joi Ito resigned. Then MIT president Rafael Reif contracted with prominent law firm Goodwin Procter to investigate.

Since then, the crisis has deepened.

The Daily Mail reports that Goodwin Procter has uncovered an August 16, 2012 thank-you letter from Reif, then a new president at MIT, to Epstein for a donation. Over the long term Epstein had contributed $800,000 to MIT, in addition to the gifts to the Media Lab.

Those who understand how large organizations operate find it credible that Reif indicated that letter was standard procedure and that he does not even remember signing it. He probably doesn't.

But given how the media plays with stories and how many feel resentment against elite academic institutions, Reif will suffer. MIT will suffer. The Media Lab will suffer. 

What and who will be left standing is a betting game bookmakers can oversee.

However, at the end of the day, MIT as the powerful force it is in many fields, will bounce back. The odds are that it will seek guidance with the best of crisis counselors, probably both internally and externally, on how to navigate this scandal. 

Ever since the Puritans established Harvard in 1636, higher education has had an almost voodoo-like hold on America. MIT's power isn't going away. It will continue to cast spells. 

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

Uber Push-Back as CA AB-5 Becomes Law

California is a trend-setter. And now that its AB-5 is being signed into law by its governor, classifying contractors as employees could spread to other states.

That's among the threats to Uber as well as myriad other businesses which use the gig economy model to gain a competitive advantage.

Without the gig edge, the playing field in the manpower game would become more level. So, no surprise, Law.com reports, Uber's head lawyer Tony West has plans to push back. Some of them include aligning with other businesses which leverage the gig economy model. 

Essentially AB-5 mandates that employers apply the three tests established by the CA Supreme Court Dynamex ruling to determine if the workers they use should have the protections, rights, and benefits of employees.

The law goes into effect next January 1st. 

Right now, West has declared that law doesn't affect Uber because the contractors are not a core part of the business. That is one of the three Dynamex's tests. So it does not play to comply with the law. Here is more on that from Law and Crime. 

West and other businesses using the gig model also have already targeted about $90 million for creating a 2020 ballot measure. That could take the form of proposing an alternate to the terms and conditions established by AB-5. For example, an alternate work classification would be put out there providing not employee status but minimum wage and benefits.

Another tactic could be litigation. The exceptions in AB-5 for professions ranging from lawyers to fishermen could be shown through lawsuits to violate the equal protection theory. 

Clearly Uber is encountering serious headwinds in AB-5. And overall it isn't sitting pretty.

During Q2 in 2019, the startup lost $5 billion - a record. Recently it laid off more than 400 employees in product and engineering. That follows the earlier layoff of 400 in marketing. As with the investors for WeWork, a growing number of those for Uber are no longer "patient capital." They are tired of all the growth with no sign of the business ever being able to achieve a profit. 

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

The Career Wisdom of Becoming Guest of the State - Felicity Huffman et al.

For seasoned players in the branding game, a prison stay can kick off reputation restoration.

Examples of that range from jailbirds Watergate lawyer Chuck Colson to private school head Jean Harris.

So, Felicity Huffman could be making a public relations wrong move in trying to duck being a guest of the state. Instead of an all-out high profile campaign for no prison time (which ordinary people would turn on her for) she should request a stiff sentence. Immediately the career magic would begin blossoming again. The sound of her name will cast spells. 

A seemingly nice human being, Huffman could thrive in prison. One-on-one she could help fellow inmates with everything from advice (learned the hard way) about parenting to genius makeup tricks. On a macro level, she could launch a new program tutoring about transforming pain into game-changers. 

Upon release (probably with reduction of the sentence for good behavior) Huffman can start a foundation for mothers in prison. For the rest of her life she could be its chief fundraiser. Then her family can take over.

Prison time can be the unique opportunity to reconfigure career strategies. It took a stay behind bars for the Malcolm X to emerge. Previously, that unchanneled force of rage had been a street thug. 

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.