Over the past few months I have had the opportunity to attend a couple seminars presented by law firms the where focused on the subject of social media. The first session that I attended included a panel of two attorneys represented by the firm’s IP practice. Recently, I attended a similar session at another firm, this time with a panel consisting of attorneys from the firm’s labor practice. The only thing that differentiated these two sessions was that the panel headed by labor attorneys spent a portion of the time demonstrating the value of social media. Their presentation even included the YouTube video Social Media Revolution which, through its content and ominous music gave a foreboding sense that social media is or will be taking over the world. The discussion then primarily focused on the potential liability issues facing companies and by their employees who may mention the company, even on their own personal Facebook or LinkedIn pages.
The question that arose in my mind was; how can a law firm adopt and/or promote the virtues of social media for their own use, while at the same time send a message to potential clientele suggesting a course of action while warning of its potential damaging affect? While the argument can be made when dealing with any type of legal issue such as discriminatory or other unlawful activities can occur within any business including a law firm, however because of its very nature as an internet based phenomenon whose reach is global, social media carries a certain mystifying persona of uncertainty. That is, the uncertainty of knowing how I or an individual will be portrayed in someone’s response or comment, who will view my picture, video or comment, and where will my message go?
For the law firm using social media to promote its expertise and reach within its targeted market the need for understanding and vigilance of social media policies and practices increases. The issue that may cause a dilemma for legal community; is understanding what affect a law firm’s social media practices have on a client or potential client who is facing legal issues related to social media? So the real question for a law firm considering adoption of social media is similar to deciding which comes first, the horse or the cart? In either case law firms cannot ignore social media. Clearly a firms’ understanding of social media can only be enhanced by their adoption and use. As the saying goes, “do as I say, not as I do”, just won’t cut it.
Why is it then that social media has become the 800lb. Gorilla in the room? The reason is relatively simple. The rapid growth and user adoption of social media is unprecedented. Many seek to take advantage of social media’s growing adoption and use. It’s fair to say that social media has grown so big in such a short period time that the “rules” are still being debated and decided upon.
Thinking back just a few years ago to another recent technology phenomenon, WiFi, I remember the fervor and hype surrounding this new technology. Overnight there where advisory and consulting firms claiming expertise and suggesting best practices. One of the biggest unanswered questions regarding WiFi was determining how to monetize its capability and potential, which never really materialized. Instead WiFi became another application the enhanced and improved the capability of an even greater technology, wireless devices. Social media is certainly different in that it has helped many businesses gain new clients while saving thousands of dollars on other marketing media whose effectiveness has long been difficult to measure and suspect.
Many marketing savvy firms seeking to better understand the effectiveness of their business development efforts now track client acquisition. Often times this involves asking the client how they found and decided upon a particular attorney within the firm. Conversely, those seeking professional legal counsel, will utilize the recommendations and referrals of associates and colleagues. However, recent studies are showing an increasing interest amongst “younger” corporate counsel towards firms utilizing blogs and other social media. The growing number of social media and tech savvy professionals should provide additional reinforcement of the importance for law firms to continually adapt their business development practices in order to remain competitive and relevant to their targeted audience.
A dilemma may or may not exist with regards to a firm’s use of social media and a client’s legal issue involving social media. But social media’s ability to affect and influence all levels of business and personal activity clearly should not be ignored.
