Thursday, November 26, 2009

Just Some Questions For A Social Media Expert

The culture of the social media "guru" "expert" "bullshit peddler" on twitter is a cess pool. There is no code of ethics (other than the rules of professional conduct that these non-practicing "shhh, don't tell anyone" lawyers have long forgotten).

And it's time for it all to stop.

Social media folks who market to lawyers on twitter are looking for one type of lawyer - one who doesn't "know how" to use blogs, twitter, Facebook, or the dozens of other social networking sites, and who wants to learn for the purpose of "getting more clients."

This is a time of desperation for many lawyers, who are willing to pay and listen to anyone that appears to know what they are talking about in the arena of making money. Anyone with a twitter account and a keyboard can project success, regardless of truth.

In order to make the naive lawyers think the social media guru has credibility, said self-proclaimed guru has to present themselves in a way that leads the lawyer to believe they are formerly successful lawyers who decided to leave their wildly successful practice so they could travel the $10 breakfast and $20 lunch circuit.

And that's the great thing about the internet. Anyone can say anything and cross their fingers and hope no one finds out otherwise.

Speaking of twitter, and twitter for lawyers: I have some questions for Adrian Dayton.

Adrian literally wrote the book on twitter for lawyers. I congratulate him on this publication and hope he finds much success. Here's a link to his book. I've received no money to promote it.

Adrian has put himself out there as the expert on twitter for lawyers. As anyone who puts themselves out there for the world, even the twitter world to listen to and buy from, he is fair game for some questions.

Like why he has a couple different bios that appear to say a couple different things.

Adrian claims he can teach you to be a rainmaker as a lawyer - "rainmakers" bring in business.

A summary but not complete background is that he knows how to use twitter, and he worked as a lawyer at a law firm for 8 months.

(NOTE: Adrian tells me today that he "assures me [he] is still a practicing lawyer." His Linkedin profile states that "My first position out of law school was with Jaeckle Fleishmann & Mugel where I worked in the corporate department. Soon after I left to start my own company specializing in social media strategy and online marketing for attorneys and other professionals." That company is 2 Comrades, Esq, which according to Linkedin, started in January 2009, not after he left his firm, but while he was there. He lists his current positions as [1] Buffalo Urban Outdoor Education Foundation
(February 2009 — Present (10 months)) and [2] CEO, 2 Comrades LLC.(Marketing and Advertising industry) January 2009 — Present (11 months) (Providing training and consulting services to lawyers and other professionals on the power of social media. With a special focus on blogs and Twitter, Adrian Dayton provides companies with the tools they need to grow their business while eliminating traditional marketing costs).

I could not find any description of a current law practice, so as a result, I looked him up (enter letters to view page) on the New York State Bar website. He is listed as having been admitted in 2009, and currently working at Jaeckle Fleishmann and Mugel. The law firm though, doesn't have him listed as working there in any capacity. Also on Linkedin, he lists himself as an associate beginning in September 2008, 4 months before his admission to the Bar.

Now, back to my questions. I don't know how many clients he brought in to his firm in 8 months, he doesn't say. He did say on today's podcast that he started on twitter because while at his firm for 8 months, 2 of those months he had no work.

UPDATE: While editing this post and before it was published, Adrian chimed in on a comment I made about this on twitter and told me I was "very close to libel."

Anyway, on JD Supra it says that Adrian, a 2008 law school graduate, is "an experienced corporate attorney who has worked on mergers in excess of $450 million dollars.

This differs from his bio on his website, which says:

"He has spent almost a year working as a corporate attorney with Jaeckle Fleishmann and Mugel where his team closed a merger worth approximately $450 million dollars."

The questions are numerous. How can a member of the Bar, with a straight face describe themselves as a rainmaker and an "experienced corporate attorney" with 8 months experience, 2 of which there was no work? And in those first 8 months was he an integral part of one $450 million dollar merger, or was it several $450 million dollar mergers? Which bio is true? Exactly what role did he play and what relevance does it have to teaching lawyers to use twitter? Was he using twitter before the merger? Did twitter get him the merger client? Someone, anyone?

According to Adrian, he has been "quoted by the Wall Street Journal, the ABA Journal, Above the Law...." He also states that "Adrian Dayton is recognized as an expert specializing in Social Media for attorneys by The Wall Street Journal, Fast Company Magazine, Entrepreneur Magazine, the ABA Journal, and Above the Law."

I searched Adrian Dayton on the Above the Law blog (a very good blog, but not one I ever knew to knight experts) and couldn't find where they named Adrian an expert.

On FastCompany.com I found this article, but it only refers to Adrian as a "New York Attorney and Author."

How about the American Bar Association (ABA) Journal? My search for Adrian Dayton came up with no reference to him as an expert.

I think I'll stop searching these respected publications and blogs at this point and invite anyone, including Adrian, to find where each of them don't just regurgitate, but actually name Adrian as an expert. I'm happy to loudly apologize should I be proven wrong. Again, I'm just asking questions here.

I did find this reprinted blurb promoting his book:

Adrian Dayton is recognized as a leading expert in exploiting social media for business development within law firms.... Since creating his Twitter account: - He has gained over 30,000 followers - Is consistently ranked in the top 50 most popular Twitter accounts worldwide - Has ranked number 1 in the state of New York ahead of CNN, Fox News, and Anderson Cooper.

But I don't know who wrote that.

I often wonder if any of the lawyers on twitter, who flock to these "experts" take the time to learn their backgrounds. Actually, I don't wonder - they don't.

As a result of this, the other social media guru's on twitter will huddle together, console each other, and tell each other how mean I am. While they're at it, while they're busy trying to make a living creating an "image" for others on the internet, I hope they work on their own, real, persona.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

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Tuesday, November 24, 2009

A Former Rothstein Intern Speaks

Andrew Perez has an interesting blog, and an even more interesting blog post regarding his time at Rothstein Rosenfelt Adler. (He also has an interesting depiction of the RRA logo).

From the post:

In September, I ate dinner with close friend of mine, who also interned at RRA, and his older sister, who works at a more prestigious South Florida law firm. My friend and I inquired as to what his sister was hearing about Scott and RRA.

“I wouldn’t be surprised if, a few years from now, we find that he’s been running a massive Ponzi scheme,” I half-jokingly remarked.


Half-jokingly. Ha ha h.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

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Thursday, November 19, 2009

Some Thoughts For The Job Seeking Former Associates Of Scott Rothstein

So you're a lawyer less than 5 years out, you have no "book of business," and there is no option for you other than to get another job at another firm.

You were a great student, have a bright future as a lawyer, and this on your resume:

"Associate, Rothstein, Rosenfelt & Adler, P.A. 2006-2009"

Law firms, not all law firms, are publicly stating their concern about hiring lawyers from this now dissolved firm.

You did nothing wrong, you never knew what was going on, and everyone knows that. Still, the perception. It's all about the perception.

Some advice:

[1] Be bullish.

Do not take it off your resume. As in all issues regarding your character as a lawyer - be completely honest. A reasonable lawyer or law firm will ask the appropriate questions and move on.

[2] Over-offer to discuss your previous job.

Make it clear that while you may now be in a position where perception is hurting you, your role there was as a serious and good lawyer doing important work that you will continue to do at your new firm.

[3] Put the interviewer in your shoes.

Tell the story. One day you were told it's all over. You were sitting there preparing for a deposition, reading case law, talking to a client, and 48 hours later, you were done. "Can you imagine what that was like?"

[4] Use it as a learning experience, and maybe a speaking experience.

This new firm now has a lawyer who will be ultra-sensitive to any issues of impropriety, and is going to benefit from having a lawyer who is more prone to asking questions and verifying everything. They've now got a very paranoid (in a good way) lawyer in the office. maybe they should put you in some compliance position along with your legal duties.

On the speaking experience, how many lawyers do you think would love to hear about what you went through as a young lawyer? I'm not talking about getting paid for speaking, I'm talking about getting out there and meeting people, letting them know you're not hiding from this experience.

[5] Get over it.

Just think, you were in the belly of the beast of a huge scandal, yet you had nothing to do with it. (I hope.) Don't hide from it, use it to your advantage for the rest of your career. You've experienced something that most lawyers will never experience.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

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Wednesday, November 18, 2009

The Florida Bar's Ad Rules Take A Good Step Back

Although I will fight for the rights of my clients who are charged with advertising violations, I am not a fan of lawyer advertising. I'm not talking about the listing in the directory or the ad in the charity dinner program or business journal. I'm talking about the cheesy inaccurate puffing that goes on in the yellow pages, on billboards, and on TV.

I have said, and strongly believe, that The Florida Bar has gone over the top in advertising regulation. I think they've gone so far into regulating every aspect of advertising that they don't know how to get out of it. The premise is clear: The public is stupid and must be protected. They cannot see through ads that proclaim the lawyer is the "best," and may find themselves disappointed if they hire one who talks about "past success." Thus, the Bar must protect the consumer from themselves. It amazes me that the public doesn't even realize that the Bar rules are aimed at their stupidity.

As reported on Public Citizen, as of yesterday, The Florida Bar has agreed to exempt online lawyer directories such as Avvo.com and Linkedin.com from its rules prohibiting client testimonials, statements of past results and comments on quality of services, settling a case brought by Public Citizen on behalf of a Boca Raton, Fla. attorney.

That attorney is Joel Rothman.

According to Public Citizen the settlement is an agreement by the Florida Bar to treat lawyer profiles on directory sites as information requested by the client, which is not subject to the same restrictions as unsolicited ads. The Bar will also review its lawyer advertising rules regarding Web sites maintained by lawyers and recommend changes to the Florida Supreme Court.

Public Citizen attorney Greg Beck, who represented Joel Rothman, states correctly that “this settlement is a victory for the free speech rights of attorneys and makes it far easier for consumers to make a decision on legal representation.”

This truly, is a victory. How anyone could think that a client, a real client, would put a lawyer in jeopardy by writing online that they were happy with the lawyer's services is beyond the pale. We complain that the profession has lost it's luster, that lawyers are no longer looked up to in society. Yet when a client of a lawyer wants to say something good about the lawyer, there's the Bar to run in and say, "no, can't do that."

I commend the Bar for settling this case in a manner that allows the consumer to speak, and exempts the lawyer from discipline for that speech (I can't even believe I'm writing that sentence. To think that the Bar would discipline a lawyer for the words of a client is shameful.)

I do hope the Bar takes a look at all the advertising rules, and takes a few more good steps back.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

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Tuesday, November 17, 2009

BREAKING: Florida Bar Settles Suit, Exempts Online Lawyer Directories

The story is here, on Avvo's blog.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

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State Of The 2010 Law School Graduate: "I'll Take Anything"

I had the opportunity to talk with a group of law students over the weekend and get their thoughts on what they'll be doing after graduation.

Here's my unscientific analysis of the average law school graduate based on this group of 9:

[1] Most have no idea what they want to do.

[2] Most will take any job.

[3] Most will move anywhere to satisfy [2]

[4] BigLaw never came up.

[5] Very few are doing anything practical in law school that is relevant to their future.

[6] The only strong feelings they have is in what geographical area they'd like to live.

The collapse of BigLaw is akin to a power outage where everyone's looking for a flashlight that isn't around. Beginning in the 80's with "L.A. Law," graduates did not need to know what "law" they wanted to practice, they just needed to know that good grades got them the downtown penthouse office, mahogany furniture, and cool conversations in the office kitchen.

Now that's all over and law school graduates need to become "lawyers."

I see a generation of graduates who have responded to the collapse of BigLaw with goal of "just getting a job."

I don't know what's worse.

So I told them to be creative, stop with the bullshit cover letters and resumes. One responded, "but that's what they tell us to do" as they all shook their heads in agreement.

I told them to go where lawyers go, to try and meet the lawyer(s) with whom they want to work. I told them to differentiate themselves, and I told them to work for free while looking for a paid job if they must.

I did not tell any of them not to go solo out of law school because thankfully, none of them want to do that.

Yesterday one of them e-mailed me to say thank you. He also sent me his resume, on PowerPoint.

Interesting.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

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Sunday, November 15, 2009

Inside The Florida Board Of Bar Examiners: Your Worthless Political Muscle

I saw something at the last session of the Florida Board of Bar Examiners Hearings that made me laugh, just a little.

Applicants, listen, I'll say this again: "Bringing a lawyer to your hearing" is a waste of time.

Hiring a lawyer to prepare you for your hearing, and attend, is a worthwhile expense.

So I'm standing there, with the other lawyers who "do this work," and aren't just lawyers there as a warm body with a Bar card because the idiot applicant thinks it matters to the Board, and I saw something.

One of the applicants had with them a lawyer. This lawyer was a former well-known politician. Why did this applicant bring this "lawyer?"

Because either he thought it would make a difference, or the former well-known politician thought it would make a difference.

It didn't, and it wouldn't.

Sorry to break the news, but it's the same news I break when a lawyer with a Bar complaint hires a former Bar President just because they're a former Bar President. (caveat: some former Bar Presidents represent both applicants and lawyers as part of their practice.) Hiring a former politician to "represent" you before the Board is like hiring the CEO of a hospital to do your open heart surgery.

You're better off representing yourself at the hearing than trying to use political "muscle" to sway the unswayable members of the Board.

Representation at a Bar Admission hearing is all in the preparation. It's going over the typical questions that are asked, and the pitfalls that applicants face when they don't understand the purpose of the hearing. Once the hearing starts, you can have the President of the United States sitting next to you and the Board could care less. They're there to assess you, not your "muscle."

I hope this applicant got into the Bar, and I hope if he didn't, he doesn't blame his "lawyer." He probably didn't do anything to affect the outcome, either way.

Located in Miami, Florida, Brian Tannebaum practices Bar Admission and Discipline and Criminal Defense. Read his free ebook The Truth About Hiring A Criminal Defense Lawyer. Please visit www.tannebaumweiss.com

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