Wednesday, February 6, 2019

First David's Law Lawsuit Filed Against School Cyberbullies

For parents and school kids, the thought of being cyberbullied can be frightening, and knowing what to do when it happens can be confusing and difficult.

One Texas parent, after his son was subjected to cruel cyberbullying that turned into a big problem at school, has turned to the newly enacted David's Law, and filed a lawsuit against the cyberbullies and their parents.

Protecting School Kids

David's Law was prompted by the suicide of a teen attributed to severe cyberbullying. In addition to strengthening the criminal penalties for "suicide baiting," it also gives bullied students, and their parents, a mechanism to stop the cyber and physical attacks. The law does, however, require the parent of a victim to take action and request injunctive relief, or, in other words, a court order forcing the bully to stop.

The Texas case mentioned above involved a student who, on a social media discussion, was voted "most likely to shoot up the school." The online teasing soon escalated to in-school bullying, then the school got involved and treated the victim like a potential school shooter.

What Can You Do About Cyberbullies?

While the law provides for many different remedies and actions that can be taken when you, or a family member or friend, is the target and victim of a cyberbullying campaign, the right action can be elusive. The best thing you can do is get informed of your options as quickly as possible.

You may want to contact the authorities, school administration, and even likely an attorney, especially if the bullying seems to be seriously threatening, menacing, or causing a significant impact on the victim's life. If the cyberbully is using sophisticated hacking techniques, you should likely consider turning off your old tech until you've contacted the appropriate authorities.

Related Resources:

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source http://blogs.findlaw.com/injured/2019/02/first-davids-law-lawsuit-filed-against-school-cyberbullies.html

The State of Internet Marketing in 2019

The internet is the fastest way for any practice to connect with new clients and generate new sources of revenue. For that reason, law firms must invest in digital marketing campaigns that have an impact. Unfortunately, creating these campaigns is easier said than done because today’s clients are complex and unpredictable. That complexity means firms need to be more aggressive in their marketing if they’re to remain visible, viable, and appealing among the multitude of choices clients have at their fingertips.

In this webinar, we’ll explore what’s happening in legal marketing right now and what’s coming in the year ahead so you can capture more attention, increase your appeal to potential clients, and strengthen your bottom line. In this webinar, you’ll also learn how:

Join us:

Wednesday, February 13th
2:00pm – 2:30pm ET

Free Registration

Learning Objectives:

• Emerging digital trends are shifting the landscape of legal marketing and what you can do today that leverages these trends to generate new clients
• The shift in client expectations is forcing law firms to rethink their case acquisition strategies
• Technology is altering how Americans engage with digital content and what your practice must do to keep pace

Speakers:

Peter Webb – Senior Vice President of Sales

Peter Webb is the Senior Vice President of Sales at Scorpion. He has been at the company since its inception and has nearly two decades of experience helping law firms develop tailored marketing and business plans so they can better achieve the growth and case acquisitions they want. He has two daughters and spends time golfing, reading, BBQing, and cooking. Peter currently lives in Southern California, and is often educating attorneys and legal professionals at industry conferences and seminars.  

Speaker:

Peter Webb – Senior Vice President of Sales

Peter Webb is the Senior Vice President of Sales at Scorpion. He has been at the company since its inception and has nearly two decades of experience helping law firms develop tailored marketing and business plans so they can better achieve the growth and case acquisitions they want. He has two daughters and spends time golfing, reading, BBQing, and cooking. Peter currently lives in Southern California, and is often educating attorneys and legal professionals at industry conferences and seminars.

Sponsored by:

 

The post The State of Internet Marketing in 2019 appeared first on Law Technology Today.

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source http://www.lawtechnologytoday.org/2019/02/the-state-of-internet-marketing-in-2019/

Tuesday, February 5, 2019

Five Web Marketing Strategies for Corporate Law Firms

Every corporate law firm needs a strong online presence to succeed, which means marketing teams at those practices need to sell their bosses aggressively. They should make lead generation a top priority in 2019 by using a persona-based layout that’s optimized for local search engines. Marketers at overseas firms must put in extra work to understand linguistic nuances and keep client information private in the age of GDPR. That’s a lot to juggle, but these five web marketing tips will ensure order in the online court this year.

Take the Lead

In any business, lead generation is a crucial way to attract new leads and build relationships with them. But it’s an especially important skill in the sensitive environment of the courtroom. Clients should feel at ease from the moment they log onto the firm website. The homepage should feature professional imagery and formal headshots to show the office takes its work seriously.

Make sure to center educational material on the site in case potential leads are seeking an attorney for the first time. That means including both general legal information and specific case studies that show the practice’s successful results and expertise.

Firms should also get information about their clients through marketing automation tools like chatbots, which increase lead quality and quantity by analyzing what users consume and feeding them similar content. Machine learning applications can utilize predictive analytics to anticipate client queries and show the office is ready to handle any legal issue that comes its way in 2019.

Give the Website a Persona

A layout is as important as content when doing business online. Most websites still use a linear design, where pages are broken down into homepages, subcategories, and entries. But this year it will be more effective to use a cyclical, persona-based model that’s easier to navigate and combines related topics.

A mix of marketing and style, this user-friendly and interactive layout focuses on client problems and solutions rather than internal structures. It leverages thought-leadership content that addresses specific pain points in the client’s journey.

Lawyers can support this message on the firm’s blog by weighing in on relevant topics and incorporating calls to action (CTAs) that allow clients to sign up for email lists. On average, attorneys get a 4,400% ROI from email marketing and brand storytelling, so it’s a highly effective way to generate interest.

Keep Things Local in Search

Persona-based sites not only look prettier and give better information, but they also get higher placement on search engines. Most clients only consider businesses on the first page of Google. In fact, 55% of all clicks go to one of the first three search results. Law offices that want to be in this group need to develop a consistent, localized search strategy for 2019 and beyond.

Services like Google My Business (GMB) pull names, addresses, and phone numbers from sites, so that information needs to be correct online. Use local SEO to ensure the practice is at the top of both search and map results for queries like, “personal injury lawyers near me.”

Another important tool is pay-per-click (PPC) ads, which appear at the top of Google and are displayed on partner websites as well. They’re only deployed after a person searches for something, which means that anyone who sees a PPC for a law firm is actively seeking out an attorney.

These ads can also be remarketed, so potential clients who already visited the office website or gave contact information through a CTA can learn even more. Pushing that content out a second time is a great way to seal the deal.

Overcome Language Barriers with Tech

While most of the office’s work will likely come from the local area, successful law practices should also woo national and international clients this year. One important but less discussed aspect of this involves language. Firms must take regional nuances into account when entering markets with different linguistic traditions. For example, while the word “lawyer” is common in the U.S., terms like “solicitor” are more frequently used in the U.K.

But attorneys don’t need to pore over dictionaries themselves: there are several tech innovations that can do the work for them. AI tools like ROSS assist with legal research by translating opinions into plain language that best serves the users in a particular area.

The speech recognition engine Nuance and it’s software, Dragon, also use machine learning to analyze 20 different English dialects and 66 foreign languages. These services ensure that if a person from outside America requires legal services from a U.S. firm, the lawyer and client will understand each other.

Prioritize Privacy

Language isn’t the only potential hiccup with overseas clients. Any firm that does international business should focus on preventing data breaches and complying with GDPR.

While this privacy law compels businesses to conduct ongoing security checks, the actual requirements for those inspections are rather broad. GDPR only mandates that companies take “appropriate” action to protect privacy, and that strategy varies depending on how much data lawyers use.

But bad actors are getting more sophisticated, which means every law office needs to plan no matter their data habits. If a hack occurs, attorneys must protect sensitive information and remain compliant with existing regulations. They need to notify users of a breach quickly and outline the firm’s response with help from law enforcement. Any business that lags in figuring out a strategy will end up scrambling.

Corporate law marketing teams need to be smart about funneling leads, using a persona-based website layout, and optimizing local search. They must also tailor language for international clients and make sure data collection complies with GDPR standards. The work isn’t easy, but firms that confront these issues head-on will survive and thrive in 2019.

The post Five Web Marketing Strategies for Corporate Law Firms appeared first on Law Technology Today.

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source http://www.lawtechnologytoday.org/2019/02/web-marketing-strategies/

How NOT to Sue for a Slip and Fall Injury

Slip and fall accidents do occur, and the injuries sustained during and after a legitimate fall can be serious. But not all slip and fall claims are legit. And one example from New Jersey showed just how illegitimate some slip and fall lawsuits are, and absolutely what you should never do.

Alexander Goldinsky was caught on film faking a slip and fall while working as an independent contractor for a company in Woodbridge. And now Goldinsky has been arrested and charged with insurance fraud and theft by deception for fraudulently filing an insurance claim relating to his faked fall.

Good as Gold?

Because Goldinsky wasn't a regular employee, perhaps he was unaware there were surveillance cameras in the company's cafeteria. And he never thought prosecutors would catch him. As Middlesex County Prosecutor Andrew Carey described, "Goldinsky purposely threw the ice on the floor in the cafeteria at his workplace, placed himself on the ground, and waited until he was discovered." But the video is still impressive:

Felonious Fraud

"Fraudulent claims cost everyone," Carey added, "and we will aggressively prosecute those who illegally manipulate the system." Prosecutors have started cracking down on all kinds of insurance fraud, which is why you should never lie to an insurance company. Even if your scheme isn't as complicated as Mr. Goldinsky's, filing a false claim or lying to an insurance company about the extent of your injuries or losses -- even mild exaggeration -- can constitute felony insurance fraud.

Insurance fraud can cost the industry over $100 billion dollars a year, and slip and fall claims are some of the most common to be filed. If you're contemplating faking a slip and fall, learn from Mr. Goldinsky and just don't do it. And if you have a legitimate slip and fall injury, contact an experienced personal injury attorney to talk about your legal options.

Related Resources:

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source http://blogs.findlaw.com/injured/2019/02/how-not-to-sue-for-a-slip-and-fall-injury.html

Monday, February 4, 2019

TECHREPORT 2018: Virtual Law Practice

Welcome to the Third Annual Chad’s Thoughts on the State of Virtual Law Practice in connection with the ABA Legal Technology Survey Report. In 2016, we looked at the data and talked about mobility and fun stuff like that. In 2017, we explored the question, “Isn’t a virtual law practice just how a modern law firm should be run?” So, for the 2018 Survey, I wanted to address the topic in a fresh way.

Let’s be super practical and go through ideas for starting a new virtual law practice in 2019. The role technology can have in helping carry out the mission, vision, and values for a firm—especially for virtual or distributed model law firms—is pretty fascinating. Regardless, at the end of the day, the issues are just like a “normal” or traditional firm. That is a core issue to remember: That while the term “virtual” sounds fancy, it still refers to a modern way to run a law practice.

There are some things that won’t be addressed this year that I think are still relevant. Read the overview of the 2018 Survey. There are interesting issues concerning age and gender that need to be considered. I discussed those factors a bit last year and not much has changed. You can draw your own conclusions from the data.

On to the show…

Where to Start?

Often when people ask how to create a virtual law practice, they think it sounds easy but haven’t thought through what that means. Like any business, you need to understand your client base. Who are you going to serve? What practice areas are in your sweet spot?

The new firm for this exercise serves two practice areas: family law and civil litigation. Naturally, the family law clients are individuals while the litigation clients are a mix of businesses and individuals. This matters because you need to think about what technology you are going use for communication purposes and what type of office space do you need, among other things.

Office Space

Lawyers have often commented that if they have consumer clients, such as those going through a divorce, a virtual environment is not ideal. They feel that a traditional office space is a must. This is not always true. There are several ways to meet with clients that do not involve talking at a Starbucks, potentially divulging client secrets. Flexible office space options, like Regus, are great options to meet with existing or potential clients on an as-needed basis. You can pay a lower amount per month than traditional office space, including by the hour. This allows for the use of office space to scale as you have more client meetings.

Regarding business clients, the same holds true. Plus, you can go to the business owner’s headquarters to meet with them. I used to do that often. First, it is convenient for the client, and, second, it is an opportunity to get new work from the client. You may show up for one matter, but because they see other work on their desk, they can hand it off to you.

Check out the data. The litigation and family law practice areas were significant contributors.

While the majority of lawyers report using traditional offices leased or owned exclusively by their law firms (60%), other options include a home office or traditional office space shared with one or more other businesses. There is also the option to take a hybrid approach—use of traditional office space and virtual space to expand into other geographic areas.

And what do you need to practice law out of these venues? How about a laptop, tablet, and/or smartphone? That, plus a solid cloud-based practice management software, will let you work anywhere. You can bounce around from office space to client sites to Regus and keep working.

The 2018 Survey shows that lawyers “regularly” use their mobile devices (e.g., laptop, smartphone, or tablet device) for law-related tasks in a variety of different locations anyway: the courtroom (16.5%), airport (22.5%), hotel (29%), and in transit (e.g., car, train, or airplane) (28%).

This may seem pretty basic, but the point is that really any lawyer can work from anywhere. It is not hard to be a mobile lawyer in 2019. You can be as mobile as you want to be.

Thinking About Intake

In starting a new virtual practice, one area that cannot be overlooked is the focus on intake and effectively getting new clients in the door. Now, most lawyers recognize the need to get new clients, but the sales process is not something that comes naturally. Leveraging an intake system is important for mobile lawyers and is in line with the general philosophy of running a modern firm. This is true regardless of whether you are representing consumer or business clients. Here are some ideas:

  • Get potential clients to a human. Whether you have a virtual receptionist service, like Ruby Receptionists or Smith, answer your phones or have an effective auto-attendant; new clients need to talk with someone as quickly as possible. This is true for virtual firms. You also need an intake specialist who is trained in sales and has the ability to sign up the potential client for a consultation as quickly as possible. You work remotely, which means your intake team can as well.
  • You have the technology in place to manage those services. You can give them access to your case management software if need be. You will statistically have a mobile phone glued to your hand and can keep tabs on new consultations.
  • Track the data related to intake. This is important. Effectively tweaking your intake so that it results in more clients can be a huge difference in meeting your revenue goals.

Using Technology to Cultivate a Team

This is the hardest part of running a firm, so it is good to save for last. Regardless of the type of firm (old/stodgy or shiny/virtual), the human component can be challenging.  This is especially true when growing a distributed team. If you are not in the office together all the time, maintaining positive relationships takes extra effort. This is not a bad thing, you just need to be aware of it.

The technology highlighted in the 2018 Survey can be helpful to manage these relationships. You have mobile devices and computers, so all you need is to regularly use collaboration tools, including video conferencing (Zoom, Hangouts, etc.), Slack, and project/case management tools that keep work flowing.

Now, the technology is helpful, but you need to be present with your team. Have regular one-on-ones with each team member (if feasible, depending on the size of the firm), organize the firm in teams so that they can work closely with one another regardless of their physical location, and regularly share Key Performance Indicators (KPIs) with members of the firm when you gather for weekly, monthly, and quarterly meetings via video. This last point is key (sorry for the pun).

Being a data-driven firm and sharing KPIs with your crew will keep everyone on the same page. If the firm is working toward the same goals, then they will be more invested in the organization. This is a process issue that is supported by technology. Both are critical. You can have all the fancy technology in the world, but if it is not being used effectively then you are losing.

Let’s Wrap This Up

So, it seems like I didn’t talk about the 2018 Survey results regarding mobility as much as one would think when starting a new virtual law firm. You know why? Because none of it should be surprising. People use mobile devices. They use what they prefer. Some people prefer tablets over laptops and vice versa. Great. Use what you prefer and focus on running a solid law firm business model. Implement virtual/mobile/distributed best practices. Don’t do it just for fun. Do it because it makes your practice more effective, your client’s rates cheaper, and maybe even because it makes you a happier person.

The post TECHREPORT 2018: Virtual Law Practice appeared first on Law Technology Today.

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source http://www.lawtechnologytoday.org/2019/02/techreport-2018-virtual-law-practice/

Friday, February 1, 2019

Four Ways Law Firms Can Safeguard Sensitive Client Data

To say that law firms handle a lot of data would be an understatement. Firms must manage case information, communication records, and myriad documents shared with courthouses, notaries, and other legal entities. It’s almost impossible to conceptualize the physical space that would be required to hold this immense amount of documentation.

These logistical concerns (and technological shifts) have caused most firms to digitize their processes. While digitization solves plenty of challenges, it does create a few new ones — primarily with regard to cybersecurity and privacy.

In 2017, Washington, D.C., offices of DLA Piper were the unfortunate victims of Petya malware. The attack resulted in the entire firm shutting down global operations with weeks of disruption, millions lost in business and recovery costs, and painfully public press.

In general, 2018 was the year of the data breach — and confirmation that the legal industry hasn’t given data security the prioritization it deserves. Law firms are a prime target for cybercrime because of the amount of highly sensitive and confidential data they retain for their clients. This sensitive data is very valuable on the dark web.

Law firms have a solemn responsibility to protect client data as rigorously as possible. The American Bar Association’s professional code of conduct states that lawyers “shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” For law firms, a data breach could result in regulatory fines and possible malpractice suits.

Protecting client data is a collaborative effort between the law firm and information technology professionals; hiring a cybersecurity professional is key.

The Obvious (and Hidden) Costs of Data Breaches

In January 2018, security researchers revealed that computer chips commonly used in devices from Microsoft, Amazon, Apple, and other major tech companies were vulnerable to hacking. These hardware flaws mean law firms’ sensitive data may, in turn, be vulnerable to malicious hackers.

Many firms face the additional complications of poorly patched operating and network systems, outdated firewalls, and equipment nearing the end of its lifecycle, increasing the risk of technical failure. These weak spots provide opportunities for cybercriminals to hijack communications or hack sensitive data. The threat is so extensive that a 2017 Ponemon Institute survey found that 69 percent of respondents viewed their company’s security infrastructure as outdated.

In addition to outside threats, law firms must also contend with employee-generated vulnerabilities. Even if a company implements a thorough security infrastructure, employees are still susceptible to phishing or malware attacks. PhishMe reports that an alarming 91 percent of hacks begin with phishing scams, often because employees have not received the necessary cybersecurity training.

Employee error can have severe consequences when client data is compromised. Firms may have to contend with lawsuits, reputational damage, and employee and client churn. This is all while coping with the financial costs of downtime, repairs, and data restoration. In the case of DLA Piper, it took the firm months to fully recover and cost millions of dollars between lost billables and recovery expenses.

The severity of a breach may seem abstract to people who don’t work in IT, but the financial consequences can cripple even the healthiest firm. For breaches involving 1 million to 50 million lost records, IBM reports that companies can face $40 million to $350 million in associated costs. Depending on the size of your firm — and data breach — one small oversight can be devastating from a financial and longevity standpoint.

Four Ways to Start Securing Sensitive Data

Fortunately, IT professionals have a firm grasp on properly safeguarding legal professionals and businesses. Here are some ways to take action:

1. Organize your data storage.
You cannot protect your clients’ data if you don’t know where it is. Cloud services have enabled users to store client data in multiple locations without IT’s knowledge. Choose one storage method, such as Microsoft SharePoint or Google Drive, and implement firm-wide consistency.

Gaps between systems create unnecessary liabilities and inefficiencies, so having everyone work within the same structure will make it easier to retrieve and systematize data. More importantly, you’ll only need to monitor one system for security updates and potential breaches. Cloud providers like Microsoft have controls in place to encrypt data, monitor its use, and add digital rights to documents.

2. Implement managed security solutions.
Set up next-generation firewalls, spam filters, and anti-virus tools. These solutions will monitor your network activity and alert your IT team to malicious vectors and compromised devices. Considering the amount of data your firm generates and stores, you need solutions that continuously scan for potential threats.

3. Regularly train employees on security.
Turn your employees into assets rather than liabilities. Train them to spot phishing attempts and educate them on digital hygiene standards that will curtail the risk of a data breach. By cultivating your team’s awareness, you’ll decrease the likelihood hackers get anywhere near your client data.

4. Have a response plan in place.
Work with your IT and security teams to create data protection and recovery policies. Establishing a response plan well in advance of an attack can slash the time it takes to remediate a potential breach and recover lost time. Your response plan also should include a public relations strategy to minimize consequences such as client churn and a damaged reputation.

Cyberthreats aren’t going anywhere — and hackers are constantly discovering new ways of accessing data. Law firms must protect client information, and the best way to do that is by empowering their IT teams to build a robust defense from the inside out.

The post Four Ways Law Firms Can Safeguard Sensitive Client Data appeared first on Law Technology Today.

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source http://www.lawtechnologytoday.org/2019/02/four-ways-law-firms-can-safeguard-sensitive-client-data/

Rand Paul Awarded $580K for Injuries After Neighbor's Attack

Sen. Rand Paul's neighbor has been ordered to pay $580,000 in damages and medical expenses after losing the lawsuit Paul brought against him for injuries sustained when he tackled Paul over lawn maintenance issues at their shared property line. This award was on top of the 30 days the neighbor had to spend in jail plus a $10,000 fine and 100 hours of community service after pleading guilty for attacking a member of Congress, even though the argument was over grass and not weed.

Neighbor Fight Over Grass Pile

Sen. Paul was riding his lawn mower to cut grass. According to Paul, out of nowhere, after dismounting his mower to pick up a stick, he was pounced on by his neighbor, Rene Boucher. Paul didn't hear Boucher coming because he was wearing noise-canceling headphones, and therefore didn't have time to avoid or brace for the attack.

According to Paul, Boucher, an anesthesiologist, hit him with such force that they both flew five to ten feet through the air. The argument was over creation of grass brush piles. Boucher said he was still livid over previous piles Rand had made and subsequently pushed onto his property, which Boucher had set fire to the day prior. That fire exploded, and left second degree burns on Boucher's face, neck and arms, and Boucher said he was still in severe pain when he attacked Paul that next day. Rand doesn't dispute the brush piles, but claimed they were all on his property line, including the ones Paul burned and the ones he was making that day.

Rand Receives High Punitive Award

Boucher broke six of Rand's ribs in the tackle. Rand also said he was scared, as he laid on the ground in pain, and had a flashback to the 2017 shooting at a baseball practice members of Congress were having, which left Rep. Steve Scalise of Louisiana with serious injuries. It only took two hours for the jury to come back with the award: $375,000 in punitive damages and $200,000 for pain and suffering, plus $7,834 for medical expenses. Boucher plans to appeal.

If you have been attached, physically or verbally, by a neighbor, contact a local personal injury attorney. We all know that sometimes it's hard to get along with neighbors. But violence is never the answer. If you have suffered injuries, consider contacting a personal injury lawyer today.

Related Resources:

Injured?d=yIl2AUoC8zA Injured?d=qj6IDK7rITs Injured?i=QbX0FXzSYOY:PgV3O_2GxyU:gIN9vF


source http://blogs.findlaw.com/injured/2019/02/rand-paul-awarded-580k-for-injuries-after-neighbors-attack.html