GoodLawyers – Branding for Lawyers and the Internet – 14 March 2012

Thank you all for coming this evening, and a special thank you to those Partner Members who have understood our vision and who are supporting us while we build a membership, build a profile and start to refer some additional legal work into the group.

In a moment I’ll introduce our guest speaker for this evening, Ian Chipchase, but first I’d like to say a few words on how we believe GoodLawyers can help build members practices and what we are doing to achieve that.
Last month I talked about brands and what I think is the opportunity for GoodLawyers both in the on-line world and in the real world.

As I said last month, we have always thought that a brand name is missing in law, especially in the SME sector. The large firms deal with the top 500 companies, but where do the owners and managers of small and medium enterprises go? How do they find a good lawyer? The answer, according to lawyers, is word of mouth, but clients have often said ‘trial and error’.

It is the difference between those two perspectives, between word of mouth and trial and error which goes to the very heart of what a brand is all about. A brand appears to be about advertising and logos, but in fact it is a signal that denotes a connection between expectations and results. If we want to be successful as lawyers, our signals must consistently match our performance. The main purpose of GoodLawyers is to match clients to quality legal services so that each transaction, each relationship, fulfils the brand promise.

I think that most lawyers are only correct in nominating word of mouth as more important to their marketing efforts than branded law because there is no branded law firm in their space.

But that is changing, and a big driver of change, is Google, and Google is not only important for Family Lawyers, Personal Injury, Crime and Estate work (what we call personal law), it is important for corporate lawyers as well because following any kind of word of mouth recommendation or response to a tender, potential clients will Google you.

As you know, GoodLawyers has a three pronged strategy for helping to build members practices:
1. Encouraging inter-member referrals so that you get more of the work you like in exchange for the work you don’t like. The currency model to replace the barter model most firms use.
2. Raising the profile of members on the Internet so that the increasing proportion of work being researched via the web is captured.
3. Inviting corporate counsel and senior business people into our groups and to these meetings so that we are a source of legal expertise for them.

It is number two I want to talk about this evening because inter-member referrals are now a matter for you, you are here meeting each other now, I expect most of you will meet each other another three or four times this year, and you are free to bring guests to these meetings, so that ball is very much in your court. We are aware that there is some risk for you in bringing colleagues and clients to these meetings because they might meet someone and send work to them that they might have sent to you, but that is why we are restricting membership within specialisations, and we think that for confident members with strong relationships there is much more to gain than there is to lose. But of course that is a matter for each of you.

In relation to the Internet, and especially Google, I will just throw some statistics at you before showing you on screen what we are aiming to achieve.

Let me give you four numbers:

It is said that 90% of people locate internet resources via search and that Google has a 75% share of that.
84% of searchers look no further than the second page, and 65% of people never click on sponsored links.

Being on the first page of the organic search results is therefore what we are aiming for, and we believe that will become increasingly important for lawyers, especially those practicing in what we might call personal law.

Two more numbers:

Around 15% of all sales are now said to be completed online, and internet sales are slated to be 40% of all purchases by 2020.

In our view some of these numbers can be deceptive because they depend on factors such as on-line grocery shopping, banking and loan arranging, travel purchases and the like, but I think we all agree that Internet based research has become very important to most purchasing decisions and legal services either are, or will be, no different.
Nevertheless it is not easy to gain a page one listing on Google, and it is expensive to run sponsored links and on-line advertising. We have experimented with advertising on LinkedIn, but our goal is to gain a high Google ranking without ‘gaming’ Google, that is without any kind of cheating.

Google’s agenda is to provide quality search results so that people keep using Google and advertisers keep paying for sponsored links. Advertisers compete with each other in an on-line bidding war for effective search terms, while websites seek to create sites that rank on Google.

Ultimately, Google is refining the effectiveness of its search algorithms so that it displays the websites users are looking for. It can be gamed, but not for long. Therefore, our strategy has to be to create the website, and therefore the service, that end-users are looking for. We believe that legal clients want and need experienced and ethical lawyers, and in important matters they need specialists. To be effective, our website has to reflect who you are, what you know and how we work.

Key words are part of this, and so are external links, so we are starting to build content, and we are starting to ask members and sponsors for links from their personal profile pages.

The content we have built looks like this, and it has been moderately effective, but we have now commissioned an SEO company to write 25 articles for us each month, orientated around planned key words, specifically in the areas of personal law and employment law. It would be a great help if members can suggest the titles of articles, write articles on their expertise and suggest changes to the existing articles. We realise that this could be a big time commitment, but we don’t want to be a burden on any one member, we want to leverage the benefits of a large community so that by each member making a small contribution, perhaps an article or suggestion every month or two, the whole site will gain the ranking we need.

Our SEO team will research and identify keywords for us, but any anecdotes you have about how people have found you would be appreciated.

Remember, every time we gain a referral we are gaining a following and building a brand. Every time a member get an external matter, they are that much more likely to refer another matter to a member. Securing personal law work helps the corporate lawyers as much as the personal lawyers because the personal lawyers are less likely to try to do the corporate work themselves.

In relation to links, we would be pleased if every member displays the GoodLawyers logo on their personal profile pages, on their own site and elsewhere if possible, such that there is a link from the logo back to the GoodLawyers site. That will greatly assist our rankings as well, leading to more work. Please let me know if you would like to help with this and I will have our technical people liaise with your technical people.

Next month I will talk about corporate law and traditional advertising designed to create a profile in the business communities, but now let me introduce Ian Chipchase to you. Ian is a respected partner with Stacks Goudkamp, he practices personal injury law in Martin Place and he is going to give us a case study so that he talk about the interdisciplinary nature of his practice.

(Some of) what every lawyer needs to know about cloud computing

Cloud computing generally refers to software and data accessed via the Internet.  It derives its name from diagrams used by IT professionals to designate another network, usually the public network, with a cloud symbol.   The term requires some precision because it is currently used to refer to several different types of data storage, application programs and even commercial arrangements. These include:

  1. Web-based email like Hotmail, Yahoo or Gmail that are alternatives to MS Exchange servers run by your firm.
  2. Applications like Facebook, LinkedIn and GoodLawyers.com.au that are not owned directly by their users and have no traditional software licensing equivalent.
  3. Accounting and other applications like Saasu.com and Xero.com that are equivalent to MYOB or Quicken, but are hosted by their developers on a ‘Software as Service’ model; that is, based on a monthly subscription rather than a software license.  Sometimes these applications include additional fees for additional storage.
  4. Third party hosted storage (disk space) like DropBox, iDrive or Amazon Web Services (AWS).  Google Docs offers both on-line storage space and an on-line word processor in one product.
  5. Third party servers (or slices of a server) rented by your firm from iiNet, AWS,  RackSpace et al.  These are often called Virtual Private Servers and provide a web hosting space or application host that your IT staff can manage directly.
  6. Off-site servers owned or leased by your own company from your IT service provider and managed by them.
  7. Virtual desktops running MS Word, Outlook and various accounting applications offered by Matrix Solutions or Optus.  The hosting provider licenses a set of applications from Microsoft and others (for example MYOB) and then rents the package, usually including some support for a monthly subscription.  The applications and data are hosted by the service provider at their premises or at those of a fourth party.

The terminology ‘cloud computing’ is confusing because it blurs several important distinctions, some of which are technical while others are commercial or legal:

  1. Whether the software is licensed by your firm or your firm pays a time/user based subscription, or the software is ‘free’ or advertiser-supported, or a combination.   This affects your rights to use the software, and while in theory your access to data you own may be guaranteed under law, in practice the data may be useless without the application software.  For accounting data and business records, it is relevant that a company director is obliged to maintain proper records.
  2. Whether the equipment is owned by your firm, or leased, or your firm pays a time based fee, usually a monthly subscription.  Again, this might affect your ability to access data or to easily transfer to another provider.
  3. Whether the equipment is located at your premises or at a ‘server farm’.
  4. Whether the data is located in Australia or in another jurisdiction.

The number of permutations and variations on these themes is only going to increase, and with it the legal and commercial complexity of choosing between different options.

For lawyers, the decision of where to store data, whether made overtly or by default, may impact the ability of clients to access data even if a claim that data is privileged can be sustained.  This may expose lawyers to claims of negligence if these factors are not considered when setting up personal or office systems.

While it is easy to argue that well-managed off-site data is probably more secure than poorly managed on-site data, you may have little control over who accesses data stored at a remote location.

Well-managed on-site data is probably the most secure, but it is also the most expensive to manage because the cost of data management and security cannot be amortized across a number of people or businesses.

The greatest risk comes from poorly managed off-site data, especially data held overseas, but many applications do not give you the option of local data storage, or even local backup.  The recent Megaupload case in which Kim Dotcom was arrested by police in New Zealand on behalf of United States authorities, including the FBI, should be a reminder to all controllers of data that the security of data relies on those who have custody of data being ethically, technically and legally beyond reproach.  It is worth noting that while the majority of data stored by Megaupload was located in Hong Kong, the fact that the company leased some servers in Virginia was deemed to be a sufficient connection with the USA that the FBI was able to take control of all the data managed by Megaupload.

As usual, caveat emptor!

Christopher Eddison-Cogan is a partner at Barringer Leather Lawyers, a director of BHL Software Pty Ltd and a founder of GoodLawyers.com.au.  He is a member of the Law Society IT Committee for which this article was first prepared.