Sun-Tzu and Law Firm Blogs

by David Krell
david@davidkrell.com

Should my law firm have a blog?

Lawyers frequently ask me this question. The answer really depends on one factor
why do you think your firm needs a blog?

If your ten biggest competitors have blogs concerning a specific area, for example, pharmaceutical patent law, your marketing team is likely thinking of creating a blog to emphasize attention about your firm’s expertise in that area as well.

The marketing team must, however, consider the quality and quantity of the competition’s blogs. Will your firm be able to break through the noise, clutter, and obstacles of the blogosphere?

Perhaps there’s a sub-topic in the area that is not fully explored by the competition. A trademark blog, for example, could focus exclusively on the United States Patent & Trademark Office’s decisions and regulations. In the alternative, it could cover legal issues related to counterfeit goods. A so-called ‘specific’ area has many sub-areas that your firm could explore, depending on the expertise you want to publicize.

Sun-Tzu, the great military strategist, declared,
If you know others and know yourself, you will not be imperiled in a hundred battles.

Law firm marketing parallels Sun-Tzu’s statement. The developing area of law firm marketing reflects a constant battle against the competition to gain attention of potential clients. Law firm marketers have many arrows in their quiver these days to promote the expertise, guidance, and counsel of their respective firms
Email newsletters, Facebook, Twitter, Web sites, conferences, law reviews, law journals, podcasts, articles, and, of course, blogs.

Know your firm’s areas of expertise and know the competition’s areas just as well before you consider creating or expanding your firm’s presence in the blogosphere.

The Medium Is Not the Message

by David Krell
david@davidkrell.com

Should a company have a blog, Facebook page, or Twitter account to communicate with customers?

The easy response --
Yes.

The practical response --
Yes, but why do you want it?

If a company does not have a viable communications strategy with defined goals before it jumps on the digital bandwagon, the company will not benefit and will likely suffer. Look before you leap -- a timeless adage.

In my writing workshops, I reinforce this adage with the acronym STOP -- State Theme or Purpose. What is the theme or purpose of the communication? Once you identify it, everything falls into place.

Three years ago, David Harrison founded Harrison Communications in Baltimore after several years of working as a journalist and a public relations executive. He consults with companies on creating, shaping, and evolving their communications strategies.

Three questions that I always ask clients who want a fresh approach to their communications -- What are your objectives? Who is the audience? How are you going to reach the audience to meet your objectives?

One rule of public relations and communications will never change. To get your message out, you must think about how your audience gets its information. Then, ask how your message will affect the people you want to reach. The only thing that’s changed in this proven model is the platform.

A company needs content that does not just inform the public, but gives something to the public. What do they get for being a member of the company’s Facebook group, a follower of the company’s Twitter account, or a reader of the company’s blog? Is the company making their lives more valuable with its content?

How Brands Use Messages

by David Krell
david@davidkrell.com

In my writing workshops, I emphasize the importance of targeting messages.

Who is the audience?

Why do they need to receive your message?

How will the message add value to the message’s receivers?

For a company specializing in branding issues, targeting a message is not merely important -- it’s crucial. Every day brings the incredible challenge of increasing awareness, interest, and sales of branded products in a massively crowded marketplace.

Mastering this challenge begins with creating quality messages that surpass the clutter of information available for trade media, consumers, and licensees.

Earlier this year, Nickelodeon and CBS Consumer Products alumni J.J. Ahearn and Jason Korfine launched
Licensing Street -- a boutique licensing and consulting company headquartered in New York City. Licensing Street has a dual focus -- entertainment characters and brands.

Jason breaks down the communication function of
Licensing Street into two parts.

There are two pieces -- trade marketing and consumer marketing. Through trade media, we disseminate information to inform licensees of available opportunities. On the consumer side, we’re looking to send information that creates product awareness and drives retail sell-through.

Technology gives Licensing Street and other small businesses the chance to compete effectively for attention to messages -- press releases, corporate announcements, product roll-outs. J.J. counsels strategic thinking in using technology to identify your audience and craft your messages accordingly.

We advise our clients to distribute their messages with a targeted approach rather than a shotgun “spray and pray” approach.

You can do business from anywhere in the world. You can disseminate your message on Facebook, Twitter, LinkedIn, a blog, or a traditional press release. Technology has leveled the playing field. If you have a level playing field, you don’t need a huge budget to send your message. The downside is the potential for your message getting lost in the white noise created by so many other messages. Then nothing breaks through.

The Personal Side of Blogging

by David Krell
david@davidkrell.com

Soozy Miller is a single mother, entrepreneur, and blogger. But she doesn’t write only about her communications consulting business, her hobbies, or her passions. She also reveals a personal side on her blog.

I blog about personal issues, challenges, and experiences. I have two children -- a 5-year-old daughter and a 7-year-old son with ADHD. Frequently, I write about my son’s issues with ADHD and the different approaches I use to handle it. Others have responded to me by asking to join my network on Facebook and Twitter. By growing a support system, I can share my experiences with other people facing similar challenges. I hope to learn their experiences as well. Writing about my personal life is cathartic. And one blog entry will often spark an idea for another blog entry.

In a recent posting on her blog, Soozy told a story that nicely captures the effect of creating a “no television zone” in the house.

My mother had the idea. She has always been an anti-television person. It was her suggestion to turn off the television and we decided to try it because we thought the noises, sounds, and language from the television were negatively affecting the kids’ behavior -- they were disrespectful, whiny, and hyperactive. They also used bad language. The result was amazing.

Regarding her communications consulting, Soozy has an approach that Mr. Spock would admire.

To me, writing is like a puzzle. Very logical. There’s a beginning, a middle, and an end. I love creating and communicating ideas using that formula and figuring out the puzzle. The biggest mistake I see my clients make is using inappropriate language to convey the message -- bad grammar, bad punctuation, and language that is too light when the situation calls for formality and vice versa.

A Social Media Marketing Story

by David Krell
david@davidkrell.com

Rachel Levy is a Boston-based marketer who reinvented her personal brand. She built a go-to person status in social media marketing by embracing the challenge of mastering the intricacies of social media. The reinvention has resulted in consulting with corporate clients, blogging at
www.rachel-levy.com, and Tweeting to thousands of followers as BostonMarketer.

The road to reinvention began on a different path -- job search.

I didn’t know a lot about social media, but I felt that I should know it from a business perspective. The job search transitioned into consulting for clients. I added another layer to my marketing skills.

Her marketing skills were already formidable from experience at Jim Beam Brands, Kraft Foods, and Jewish Community Centers of Greater Boston. The experience is vital to Rachel’s keen understanding of social media. Where others see social media as a mere novelty, Rachel sees it as an extraordinary marketing opportunity for corporate America. Unfortunately, the opportunity may be missed.

Social media is a tool for the marketing tool belt. But companies have a lot of room to be more effective in how they utilize Facebook, Twitter, and other social media and networking web sites. They might not view social media as an integral part of a marketing strategy because social media is relatively new. They need to be willing to invest time in developing a strategy.

Once a company develops, refines, and implements a social media strategy, another challenge will manifest. How do you measure effectiveness?

Companies will change measurement tools. Instead of cost per impression, the measurement may be cost per engagement or cost per conversation. The cost will be rooted in time and salary, not a dollar amount in the advertising budget.

To learn more about Rachel Levy’s social media insights, go to her web site at www.rachel-levy.com and follow her on Twitter at www.twitter.com/BostonMarketer.

Top Ten Reasons To Reconsider Keeping A Diary

by David Krell
david@davidkrell.com

From the home office in Jersey City, the Top Ten reasons to reconsider keeping a diary:

10. Anything you write can and will be used in a late night television show monologue.

9. Memories are subject to haziness. Written documents are subject to subpoena.

8. Write it on Twitter -- How much damage can you do with 140 characters?

7. The U.S. Surgeon General says that keeping a diary may be hazardous to your reputation.

6. Write in the diary only if you change its name to
Journal of Correspondence with My Attorney for attorney-client privilege.

5. Ok, keep the diary. What are the chances someone else will read it?

4. You cannot delete hard copies -- keep it on a computer.

3. Just tell people it is a novel.

2.
Dear Diary, You’ll never believe who’s the biggest news story!

1. Isn’t a Status Update on Facebook enough?

The $64,000 Social Media Question: What Does My Client Want?

by David Krell
david@davidkrell.com

Social media ‘experts’ have a lot to say about the power of Facebook and Twitter for corporate America. Phrases or variations thereof that you may have heard in the past year:

Micro-target your potential customers.

Reinforce your brand.

Build your network.

Optimize your digital presence.

But the self-proclaimed experts are missing, ignoring, or downplaying a vital aspect of social media for the corporate user -- asking customers and clients what they want.

When was the last time you asked your customers and clients these questions regarding your corporate Facebook page and Twitter postings (or Tweets)?

What information do you want?

How will you use the information?

How can we make your life easier in presenting the information?


The premise is simple, yet it suffers ignorance. Find the needs of your customers and clients, then address those needs.

Imagine the power of a clear, directed, and effective message tailored to the needs of your customers or clients on your company’s Facebook page and Tweets.

Now imagine that power remaining unrealized because of priorities that have nothing to do with crafting effective communications for the customers or clients but everything to do with slick marketing directives, phrases, and goals.

If the customer or client comes first, then why aren’t companies focusing on them first in developing a corporate social media communications strategy?

What Is A Social Media Specialist?

by David Krell
david@davidkrell.com

First, there were web sites.

Then, there were blogs.

Now, there is social media.

It’s all the rage. Reaching out to long-lost friends on Facebook. Acquiring new followers on Twitter.

And with every new rage come people who deign themselves specialists. They claim to understand how to navigate the path to potential, profit, and prosperity.

But what is a social media specialist? Does having 5000 friends on Facebook qualify someone as a specialist? Does having 50,000 followers on Twitter qualify someone as a specialist?

Answer to Question #1: No.

Answer to Question #2: No.

For businesses, using social media effectively requires a true understanding of the dynamics involved in crafting a message, not merely understanding how the technology of social media works. Social media provides a great opportunity to target and micro-target the desired audience and, in turn, potential customers.

Think of your message as a liquid. So far, you have poured the liquid into a variety of containers -- press releases, billboards, print advertisements. Social media is simply another container. And although the message may be altered to fit certain conventions of the media in question, the heart of the message will remain the same.

Understanding the fundamentals, idiosyncrasies, and challenges of social media will be paramount. But that understanding must be coupled with communications expertise. An effective social media specialist is a communications specialist. Someone who knows how to define, articulate, and communicate a message.

It's 10:00 am. Do you know where your employees are?

by David Krell
david@davidkrell.com

It’s 10:00 am. Do you know where your employees are?

There’s a strong chance they’re on Facebook or Twitter.

I would say MySpace, but that’s so 2007.

Even if your company blocks access to social media web sites, your employees can still access the sites through an iPhone or a BlackBerry.

The natural question to ask is:
What are my employees writing on Facebook and Twitter?

The practical question to ask is:
How are my employees’ postings going to affect my business?

To be sure, most postings will probably be benign.

Looking forward to the weekend.

Long business trip ahead. Busy packing.

The kids want a dog. We’re in negotiations.

But what happens when the postings are offensive, unwarranted, and violative of the precept that what goes on in the office stays in the office?

I can’t believe I partied so hard last night. Massive hangover. Totally not doing any work today.

The people on my team are idiots. Suffered through their moronic ideas in the weekly staff meeting.

As usual, my boss doesn’t listen to my view about the client. As usual, I get blamed when her strategy fails.

An argument can be made that a person’s postings on Facebook and Twitter are private. But an equally valid argument can be made that if a person’s postings negatively affect the company, then the company has a stake. Because of the infant nature of social media, companies are in relatively unchartered territory.

To begin, three questions need to be asked regarding employees’ use of social media web sites.

What is your company’s policy?

How will your company monitor employees’ postings?


If we do not enact a policy and adhere to it, how can business be affected?

Corporate Communications and Social Media

by David Krell
david@davidkrell.com

Social media -- media where consumers, customers, and curiosity quenchers can interact with producers, distributors, and creators -- is here to stay.

Companies must adapt to the new paradigm of social media or otherwise increase the risk of damaging consumer relationships in an already fragile economy. The challenge intensifies if the company owns brands that rely on a personal relationship with the consumer, for example, children's entertainment.

Parents make the ultimate purchasing decision regarding children's entertainment in the household. Companies attempt to reach these consumers by investing time, money, and personnel resources to create elaborate product launches, marketing campaigns, and public relations strategies.

These methods all have their place in creating anticipation, building loyalty, and maximizing awareness. Old school methods communicate messages to media in the traditional sense, usually trade magazines (
Hollywood Reporter, Ad Week) and consumer magazines (Parents).

Social media, however, allows the company to communicate directly with the consumer.

For example, a blog gives the company terrific flexibility in consumer relationships. In our scenario of a children's entertainment company, a blog can reinforce the company's brand values and reflect the parents' values. Because a blog may have opportunity for comments, the communication becomes a conversation directly with parents in the language they speak instead of the rather dry language used for press releases.

Additionally, a blog can provide information about children's safety, health, and education to reinforce the company's image of understanding the complex challenges involved in improving children's well-being.

Facebook also allows the company to build, maintain, and increase customer awareness of its brands. Besides giving information about the company's products, the company can create fun quizzes for the parents to find out which of the company's franchise characters match their respective personalities. Parents were once kids, too!

Also, when parents become Facebook fans of a character or the company, then the company has another outlet for immediate communication to customers.

Through awareness comes interest. Through interest comes decision. Through decision comes action. If this cycle is successfully repeated, customer loyalty increases.

Twitter requires more active maintenance of communications. In short, rapid-fire bursts of 140 words or less, the company can keep "followers" informed of deals, upcoming product launches, and reviews.

The responsibility for maximizing the value of social media falls squarely on the corporate communications team. The team needs to be proficient in three key areas:

1)
History

Because the corporate communications staff comprises the "face" of the company in communicating with the media, staff, and consumers, it must show deep knowledge about the company. It begins with the history, particularly when the company revives brands. For example, when Warner Brothers released the film Batman in 1989, it was the first major relaunch of the property since the 1960's television show Batman starring Adam West. Warner Brothers heavily promoted the rich history of the Batman property in comic book reissues, press releases, and news stories.

Accumulating knowledge about a company's property is a deep challenge. Institutional memory fades with layoffs, cutbacks, and lateral moves within the industry. Corporate communications staff must build its own institutional memory through a variety of sources. In the entertainment industry, for example, fan sites, books, and previous press releases will be helpful in addition to the memory of long-time employees who still work for the company.

However, all information must be vetted. Trust but verify. No corporate communications staff member wants to be challenged because the information represented is false, incomplete, or misleading.

2)
Listening

Corporate communications staff will represent the company's message, brand, and values to consumers, trade media, and mass media. However, different divisions in the company will have different priorities. Consequently, the elusive skill of active listening is an invaluable asset. Corporate communications professionals must incorporate the needs of the respective divisions and the company as a whole in its communication strategies.

3)
Crafting a Message

Ultimately, the corporate communications team will have to craft a message. It can be a speech by the CEO to an industry group. It can be a press release touting a product launch. It can be an update about deals on Twitter.

Whatever the media, the corporate communications team needs to have a plan for each avenue of communication. What is the objective of sending the message? Who will be the voice of the company? What is the crisis communication plan?

Additionally, avenues of communication exist beyond courting editors in old media and consumers in digital social media. Executives can speak at industry conferences, author scholarly and mainstream articles in industry media, and speak to consumers at the grass roots level -- Kiwanis Club, Rotary Club, PTA, et. al.

In every case, though, corporate communications staff must have the writing, speaking, and networking skills necessary to ensure the message it sends is the message received.

The Power of a Handshake

by David Krell
david@davidkrell.com

Social media is a necessity for networking in the digital age.

From microblogging on Twitter to posting on Facebook to making connections on Linked In, social media allows us to exponentially expand our network with a few keystrokes.

Sometimes the old-fashioned way works, too. Nothing replaces face-to-face conversation, handshakes, and body language.

When I attended the International Trademark Association Annual Meeting last month in Seattle, I was part of a group approximately 7500 strong. Like other trade association conferences, the pace is challenging.

From early morning to late night, I created new connections, reinforced existing relationships, and cultivated new business. I met people at workshops, seminars, and after-dinner parties in a continuous loop during the course of a few days.

And the conversations all began with a handshake.

I got an assignment to write an article about legal writing through a chance meeting with an editor from
Marcasur, a Latin American intellectual property law magazine. She asked about Write This Way and the conversation ended with the assignment.

I learned about an article in need of an author for
The Trademark Reporter, INTA's scholarly journal. Topic -- Trademarks in Virtual Worlds. My discovery came through a conversation with a friend at a Mariners game. My friend is a premier intellectual property litigator and a member of the editorial staff at The Trademark Reporter. I immediately volunteered to write the article about this relatively new phenomenon.

A couple of hours before the Mariners game, I attended a cocktail hour for the media. Since I had an extra ticket in my block of tickets for the game, I invited a law firm marketer whom I met at the cocktail hour. He and I are having lunch today to discuss a potential web site copywriting project involving one of his international intellectual property law firm clients.

At the same cocktail hour, I met a British legal journalist who later agreed to be a member of the writing workshop I will moderate at the INTA 2010 Annual Meeting in Boston.

I also connected with an already existing contact who graciously arranged to send the materials for the
Write This Way CLE workshops to the decision makers at her downtown Manhattan law firm. Getting in front of the decision makers is the first step to creating new business. To be fair, our conversation in Seattle took place via E-Mail, however, we first met a couple of years ago at a legal seminar -- not by following each other on Twitter, friending each other on Facebook, or joining each other's network on Linked In.

To be sure, those actions have a definite place in networking. One ignores social media at his or her peril in the digital age.

But don't discount the power of a handshake.

INTA Networking Continues -- Bilingual

by David Krell
david@davidkrell.com

Networking at an INTA Annual Meeting is a continuous process. It happens during the lecture halls before the CLE workshops. It happens at the parties, like tonight's Grand Finale at Seattle's
The Museum of Flight. And it happens online with Twitter, Facebook, and blogs.

Today, it happened for me in the Press Room where I had the pleasure of meeting Victoria Pereira, Executive Director of
Marcasur.

Marcasur
-- The First Latin American Intellectual Property Media is a Spanish-language magazine. We talked briefly about my writing blog and workshop. Before I knew it, I had a request to write a 500-800 page article about legal writing for the July - September issue.

Can anyone recommend language translation software?!

The Technology Curve

by David Krell
david@davidkrell.com

This morning, I posted a blog entry entitled
Don't Tell Me, Show Me. The entry concerns the power of technology.

Walking over to the Washington State Convention & Trade Center for the last day of the INTA 2009 Annual Meeting in Seattle, I realized that a brief corollary merits attention.

Technology increases, expands, and democratizes access to information -- how we receive it, distribute it, and store it. The ever-expanding spectral curve of access is tremendous. The dangers, however, are sometimes ignored, dismissed, or outright rejected.

A curve's not a curve without a downside, declared Machiavellian advertising legend Miles Drentell in the 1980's-90's yuppie drama thritysomething.

Miles' quote applies in this digital era of instant communications.

We post items about everyday occurrences on Facebook -- what we're thinking, what we're doing, where we're going. And photos complement our statements.

We post our thoughts in briefer form on Twitter. This micro-blog restricts us to 140 characters or less.

And we post our views, recounts of experiences, and opinions on blogs in whatever length we wish.

The danger is that we spend so much time writing about our lives at the expense of living our lives.

Summer is fast approaching. It's an opportunity to enjoy the weather, disconnect from the Blackberry or iPhone for a few hours, and reconnect with friends, family, and colleagues.

Here are my steadfast resolutions for the summer.

Get together with some friends for a baseball game, barbecue, or happy hour without checking E-Mail.

Read a best seller on a Sunday afternoon instead of texting, E-Mailing, or web surfing.

Take a re-energizing walk during lunch hour without talking on the Blackberry or iPhone.

I'm inspired. Thankfully, I can use my Blackberry Curve 8330 between INTA Annual Meeting workshops to find the Mets schedule, learn about this month's best selling novels, and research potential walk routes with GPS.

Twitter Hits Prime Time

by David Krell
david@davidkrell.com

Twitter hits prime time.

On
Desperate Housewives, Tom Scavo's recent story arc centers on the loss of his youth. Now in his early 40's, Tom finds himself in the eye of a mid-life crisis storm. In last night's episode, the storm intensified because of a job interview that reveals Tom's vulnerability in the digital age. The exchange between Tom and his wife Lynette masterfully highlights Tom's frustration.

Aren't you going to ask me about my job interview? (Tom)

Oh right. How'd that go? (Lynette)

Okay. Until the thirty year-old who was interviewing me asked me if I've ever used Twittering as part of a marketing campaign. (Tom)

And what'd you say? (Lynette)

Nothing. Because I don't know what Twittering is. (Tom)

It's a social networking tool where you send instant updates to anybody who signs up for them. (Lynette)

So you knew about this and yet you kept it from me? (Tom)

I didn't keep it from you. It's just one of those tech things that you don't care about. It's for young people. (Lynette)

And I am a dinosaur marching into the tar pit. (Tom)

Tom represents Generation Xers and baby boomers who have not yet embraced the new technologies of social networks. Facebook and Twitter are the present Internet darlings. True, social networks may disappear, evolve, or amplify individually. Collectively, they will survive in some form.

Electronic bulletin boards, Internet chat rooms, and E-Mail groups once dominated as the forms where we could exchange information with like-minded people. Today, the dominant form is a social network on a web site, for example, Twitter.

As businesses use the social network for business purposes, we must be vigilant in learning about the new forms of digital communications.

Unless you want to feel like a dinosaur marching into the tar pit.

Locker Room Twitter

by David Krell
david@davidkrell.com

Twitter breaks another sports barrier -- the locker room.

Milwaukee Bucks forward Charlie Villanueva posted the following message during the March 15th game against the Boston Celtics.

In da locker room, snuck to post my twitt. We’re playing the Celtics, tie ball game at da half. Coach wants more toughness. I gotta step up.

On the one hand, posting on Twitter, or ‘tweeting,’ can be a great tool in sports marketing.

It attracts younger, tech-savvy fans.

It gives fans access to their favorite players.

It gives teams another medium to publicize games, players, and trades.

On the other hand, posting on Twitter poses a perception problem.

Bucks Coach Scott Skiles did not like the image projected by a player using Twitter in the locker room.

I think a reasonable person could look at that either way. And I’m a pretty reasonable guy. And so the answer is no, not necessarily. But I also know from the comments I’ve gotten from some people in the game that there could be people who think it’s a sign. We just want to distance ourselves, that’s all.

My personal opinion is, it doesn’t have any place in the locker room. The locker room’s a private place for the players, a sanctuary for the players. But once you walk out of the locker room or whatever, I’m not getting into guys’ personal lives.


By the way, the Bucks beat the Celtics. Villanueva scored 19 points in the game.

It was the highest score on the Bucks.