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Most efforts by attorneys and their webmasters to be seen online start and stop with the giant, Google. In fact, of the 10 or so brazen phone solicitations I got last week, about 9 of them promised me to get my website on the front page of Google.

Yahoo and Microsoft are the second and third. According to most major sources, including HitWise, Google has upwards of a 70% search market share. In theory, it means that 7 out of 10 of your potential clients who are seeking DUI help through search go through Google. In reality, it may be even higher than that, given that people often search multiple sources.

Behind Google is Yahoo, at around 14% of the market, and Microsoft's Bing at around 10%. If those numbers are correct, that leaves around 5-6% of the remaining market to other sources, the biggest of which is thought to be Ask.

While it appears that Yahoo's search market share is on the decline, Bing appears to be heading up. Given that Yahoo and Bing are merging their search business, their piece of the pie looks to be between 20 and 30% in the next year or two. And given the vast amounts of money that Microsoft is spending to compete in search, it would not surprise most people if that share goes up.

So when it comes to evaluating where you website is, and where it needs to go, the first thought should always be about Google. Google's search product is the best out there, and if you optimize for Google, you are probably doing a pretty good job for the other search engines too. But don't forget to check Bing and Yahoo and know what your competition is doing there, and to discover the strengths and weaknesses in your overall online strategy.

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Any DUI lawyer reading this probably already realizes that I'm a true believer when it comes to marketing law firms online. A web presence is very helpful in attracting new clients who don't know who you are. But it is essential to have a web presence even if you get all of your business through word of mouth, networking and referrals.

Nearly every potential client that contacts you attempts to find you on the internet before they make the call. If they don't before they make the call, then they do before they come to your office. If not before they come to your office, then certainly before they hire you.

Your website is like you office. Once a potential client visits it, they feel like they have already met you, or at least they should.

For all of the above reasons, you need a web presence. If you don't, some other lawyer in your jurisdiction will take good care of the clients that should have been yours.

But what kind of web presence do you need? Do you need a website? Do you need a blog? What is the difference?

The answers are yes, yes, and a lot.

A DUI lawyer website, in its conventional sense, is a collection of one or more pages that rarely change. They might talk about your firm, your lawyers, your defense philosophy, and even explain a little bit about the law.

A DUI lawyer blog on the other hand is a dynamic and ever-changing publication that talks about anything and everything that might interest your clients and potential clients, and even other lawyers.

If you rely on a non-attorney to update your website content and/or blog that appears to be in your voice, you best check yourself before you wreck yourself. Why? Your clients and potential clients want to know who you are. When they go to your firm's website, it is as if they visited the four walls of your office. They have looked at your diplomas. They have seen your collection of certificates, framed bar admissions, and seen that you have an extensive library of law books. But they don't know you… at least not in your own voice.

Your blog posts should be in your voice, talking to your audience. You wouldn't let your best paralegal address a judge on a phone conference while pretending to be you. Why would you ever allow somebody else to write something that will be seen by everybody who looks for you, and put your name on it? Not a great writer? Don't have time? It bores you? It's beneath you? Your time is far too valuable?

To all of those excuses, I say you can't afford not to. If you don't have time now, you will later as your flow of new cases starts to dry up. If writing in your own voice bores you, what can you do to make yourself more interesting to yourself? There are few greater uses of your time when it comes to marketing that writing content for the Internet. This is because the content is always there, always accessible.

You may spend twenty hours preparing a speech to a CLE or a rotary meeting, but once given, will anybody really hear it again? With a blog, users can access it at 3am when their pending DUI case is keeping them up. Your voice and your words can give them comfort and hope. Write a good article on a good blog, and I guarantee that more people will see it than even the most attended DUI CLE in the history of the universe.

You don't have to blog like crazy. In fact you don't have to even call it blogging. But if you aren't contributing fresh content on a regular basis to the online conversation about DUI law (at a minimum of twice a month), people are going to start to wonder why. It may not bother some people, but others, particularly younger ones, are going to think that you are either out of touch or that you are too busy. Being too busy in the eyes of the younger demographic is not a good thing, and you don't want your potential clients to mistakenly believe that you are spread too thin before they even contact you.

My thoughts about ghost-bloggers: Many attorneys use the practice of hiring ghost writers to do their blogging for them. I'm in no way suggesting that you get rid of any inside or outside copywriters that you have. What I do suggest is to redefine their role. Instead of writing in your voice as if by you, why not give them their own voice? Let them write under their own by-line or blog account. Then the things that they say that are nice about you will be better received. Your blogger will probably appreciate getting the credit. You will never get stuck with something attributed to you that you didn't mean to say. And your readers will love it. They want to hear from you once they get to know you, but they are open to good information regardless of its source.

Have a receptionist who likes to write? Let her blog about things that she can observe that make you and your office look good. Perhaps there was a time when you were running a little late coming back from court, and you didn't want to keep your valued client waiting, so you skipped lunch, ran up the stairs and burst into the office right on time. There's no legal value to such a story, but trust me, your clients and potential clients will love it. They will feel like they are getting to know you and your staff. The more familiar they are with everybody in your office, the more comfortable they will feel and the more likely they are to hire you, and to have good feelings about your firm long after their case is done.

In a future post, I will discuss the various types of blogging platforms. Blogging is easy and for the most part free, but how you set yourself up can make a huge difference in the long-term.

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Would you hire a lawyer who has been suspended from practice multiple times for trying the same unethical and ineffective tricks, and then allow that lawyer to employ the same tactics in representing you? Many attorneys hire this sketchy lawyer's "SEO" equivalent when it comes to promoting their websites.

Link spam is highly frowned upon by the search engines. But as bad as it can be for your website's long-term survival online, in this lawyer's opinion, it is problematic from an ethical standpoint as well. In essence, it is fraud.

Link spam comes in several forms, including:

  • Blog comment spammers (where a person tries to post a link to their website through a blog's comment mechanism).
  • Forum spam (same as blogs, only in a forum).
  • Guest-book spammers (some lawyers have stooped so low as to post links in bereavement pages).
  • Paid links (which I wrote about last June in the post "Avoid Paid Links").

Every day I delete more than 10 spam link posts from the various pages of my main website, and several more from other websites that I run. Sometimes it is some misguided attorney who doesn't understand how the Internet works doing it directly. Other times I trace the IP address back to a foreign country where, I presume, the "dirty work" has been outsourced on the cheap.

The search engines are looking for reports of this kind of activity. Google is actively soliciting the reporting of such behavior.

It is bad to do. It is dangerous to do. It is clearly a black-hat tactic.

If you or your web person is doing it, cut it out or fire your web person. What your web person is doing to you is the equivalent of you opening a trial with "Ladies and Gentlemen of the jury, this case is about the bad choice that my client made when he drank a fifth of vodka, had his 12 year old daughter blow into his interlock device, and then drove them both the wrong way on the freeway at 95 miles per hour".

If I haven't made it clear enough, if you or your web person are engaging in link spam, somebody is committing internet strategy malpractice.

Inbound links from other websites to yours are generally good. But link spam links are definitely worse than no links at all.

Most modern blogs (which is where, in my experience, about 90 percent of the link spam is attempted) are typically equipped with safeguards against link spam. Those include holding posts for moderation, having aggressive spam filters, and adding "no-follow" tags to all comment links.

When you try to post your link on another law firm's website or blog without their permission and in a way that does not add more useful information to other readers of that blog, it is like you are trying to take a dump in their office lobby. No ethical or self-respecting attorney should do it, nor allow it to be done for them. Period.

It boils down to this: If you feel like you are "getting away with something" by posting a link on somebody's blog to your site, just don't do it. In my opinion, one good link is worth hundreds of spam links, and sometimes hundreds of spam links are worth less than no links at all.

Build good and relevant content. Link out to good and relevant content on the subject. Create relationships online. That is the formula. That is the way to be legitimate. Link spam tells the world that you are a fraud.

You can't be both legitimate and a fraud at the same time, so which will it be?

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With hundreds of "social media" vehicles online, it is impossible for any human being to use them all. The two elephants in the room are Facebook and Twitter.

Should every DUI lawyer have a Twitter and Facebook page?

Absolutely…with a caveat.

The great thing about Facebook, Twitter and other social media outlets is that they are free. The problem with Facebook, Twitter and other social medial outlets is also that they are free.

All lawyers want to get business for free, but if all lawyers use the free media outlets and are competing for a fixed number of clients, the efforts of you and your competitors should cancel each other out. Right?

The answer, I believe, depends on how lawyers use these free media sources.

Why should DUI Lawyers Tweet?

If you just got a DUI and you are an intelligent and affluent person who is too embarrassed to ask a friend for a referral, you probably go online to look. You want good information, fast. You don't want to have to slog your way through a series of 140 character bursts. Unless you are looking for clients who speak in sentence fragments, Twitter is not the best direct source to get clients. But it is an essential piece of the equation.

If you do nothing else with Twitter, here's what I recommend:

Set up your Twitter account. Set up your blog's RSS feed to automatically post your entries on your Twitter feed. It's that simple. And with 10 minutes of setup, now each blog post you make gets broadcast to your "followers" on Twitter. This is unlikely to get you clients either, at least directly. But what it can do is drive targeted traffic back to your blog, where people can find out about you. If they like what you say, they may link to your content. If they link to your content, it is more likely that you will get more links to your content. After a while, if done right, it can turn into a beast that feeds itself.

Warning: Do not mix a personal Twitter feed with a business feed. Your clients don't want to know that you're sitting in Avatar and it's awesome. They don't want to know the cute thing your kid said, or your prediction for the Lakers-Celtics point spread. Keep it simple, keep it business, and keep it separate.

The same goes for Facebook.

You can set up a "fan" page for your practice and invite your friends to become fans of yours.

Wait a second… Do lawyers have fans? Do DUI lawyers? Huh? Don't despair, you can always learn to play the guitar. And in the meantime, some of your friends will join up to be nice. The benefit of the fan page is that you can run your other feeds through it. Your posts appear on your fan site. Your fans then serve your stuff through their Facebook profile for their friends to see, and it can grow exponentially.

A highly attenuated Facebook friend, perhaps an old girlfriend or somebody you haven't seen since high-school who might not otherwise know what you do for a living might become a person-to-person referral source. That's the real world magic of Facebook.

Once in a blue moon somebody who is a friend of a friend who happens to have a pending DUI case might see your stuff through a feed, become a fan, and even a client. But I wouldn't hold my breath.

Facebook and Twitter are absolutely essential supplements to anything else you are doing online. Just don't rely on them as primary or secondary sources for  client development. And for the love of all that is sane and simple, don't pay somebody to "manage" or set up a Twitter or Facebook page.

You can't afford to not use Facebook and Twitter. Twitter and Facebook are stop-loss measures in today's Internet economy. If you don't use them and your competition does, you will incrementally lose market-share. But understand that only exclusive things, things that your competition does not have and can not get, really give you the edge online and increase your piece of the pie.

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Back in the 1990's, the search engines depended a lot on what was included in a web page's meta keyword tags. Meta keywords died off in importance long ago. In fact, although we add or modify dozens (and sometimes hundreds) of pages on DUIAttorney.com each week, we no longer add meta keywords. This article will briefly explain why, and hopefully save you some wasted time or money in regards to keywords.

For those you who are unfamiliar with what meta tags are, they are data descriptors that are not viewable by the human eye in a browser. These tags carry various instructions, mostly to the search engines, about what to do on or with the web page. A "meta keyword" tag contains a list of keywords, separated by commas, that the author of the page wants the search engines to index the page for.

When search engines were much less sophisticated than they are today, they relied heavily on meta keywords to determine which phrases or concepts a page should rank for. Back then the results returned for searches were much less relevant and useful to their human users than they are today. Why? Because the search engines relied heavily on human authors of web pages to tell them what was relevant.

It didn't take much back then for people who wanted to rank for keywords that were unrelated to their site to realize how to do it. Simply put, stuff the meta keyword tag with irrelevant keywords.

Why would anybody want to do that? Here's an example: Say you have a web page that isn't very popular. You want more traffic, but your site is about drunk driving in Apline County, California. With a population of around 1,200 people, not much of a demand for your page, right? Well, what if you stuffed your keywords with phrases like Los Angeles, or New York to attract larger populations, or even with the name of a celebrity to attract a wider demographic? It worked in the infancy of the internet, but today meta keyword stuffing no longer works (thank goodness). In fact, it can cause a web page or an entire site to be devastated in the rankings.

There are three major search engines that comprise the vast majority of search market share. They are Google, Bing and Yahoo. Google has an overwhelming market share, although Bing (Microsoft's search engine) has a good product and may be slowly gaining ground. So when it comes to your web strategy, it just makes sense to look at what Google is doing, first and always.

If your webmaster is still charging you to optimize your meta keywords, it's time you gently break the news to him or her that, frankly, you are not interested. If they try to argue with you (and I have actually talked to several attorneys recently who have been, apparantly, brainwashed by their webmasters), you might point them to an article on the Google Webmaster Blog entitled Google does not use the keyword tag in web ranking. A good webmaster should not worry, because there are still plenty of other meta tags to tend to. Here's a basic list of meta tags and what they do. There are many more than this too.

Here's a video featuring Google's Matt Cutts that explains it:

It's funny, because I have recently seen DUI attorneys stuffing the names of their more seasoned or well known competitors into their keyword tag, presumably hoping to divert people searching for the other lawyer.

I've heard webmasters recently make the argument that keywords should still be used because there is a chance that Google and other search engines might decide to use them again in the future. While that is possible, I don't see why it's worth investing in now. In all reality, your website will be completely redone every two or three years anyways. Plus, it's very easy to go back in and add keywords later should the need ever arise. Why waste money on it now?

If meta keyword stuffing was a problem in the past, and meta keywords were eliminated to return better results, what future purpose could they serve? I could see a potential for sites that are algorithmically trusted to be allowed to pass some weight from the meta keywords to influence search placement. They can also be used for custom searches, but this would be useful only in larger websites. The typical DUI law firm's website with 10 to 150 pages of content should not need a custom search solution.

It's your money and time, and you can spend either or both on meta keywords. But don't be surprised when it doesn't work, and don't let your webmaster make excuses or blame it on you.

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February 23, 2010

Dear DUI Attorney,

There are many aspects to an efficient internet strategy. If any of them are ignored, the whole strategy may be destined for mediocrity.There are more DUI attorney web pages in circulation than DUI attorney phone book ads, billboards, TV and radio commercials combined. If your website strategy is to "build it and forget it," then your strategy is likely doomed.In my decade of DUI defense practice, I was able to consistently rank well compared to my competitors because I make an effort to understand what I was doing rather than blindly copy others, and always searched for the next "gateway" opportunity. A lot of the web is guesswork, but there are some immutable laws and high probability plays that you ignore at your peril.

This issue of the DUI Attorney Internet Strategy Newsletter focuses on the five simple things that your firm's web presence can't ignore and still be effective. Your web presence must be:

1.    Easy to find;
2.    Easy to load;
3.    Easy to navigate;
4.    Easy to read and understand; and
5.    Easy to differentiate from other websites.

Notice the common theme? It's "easy."

People like the web because there is a vast amount of information available. They use it as the primary method to research and verify legal information because it is easy to use. It's convenient.

If your web presence inconveniences a user, it will lose the user.

Let's examine each element in a more depth.

Can people easily find your website?

Most of the people who try to make their livings on the internet live and die by this category. It is the genesis of every "search engine optimization" (SEO) scam, and the reason why there are 184 million results for the keyword "SEO" on Google. 99-percent of what is passed off as SEO is fiction by scam artists and idiots. When it comes down to it, optimizing a website is very easy, but very time-consuming.

There are several ways that websites are found, including pay per click ads, organic search traffic, referral traffic and direct traffic.

The search engines make billions of dollars a year selling cost per click ads. These are the ads that are served at the top and on the side of a Google search results page. Without the unpaid organic (or natural) results, Google would make very little money from selling the ads that surround the organic results. This is because people generally do not search for ads. People search for people and information. The ads that come along with almost everything online are a necessary byproduct of every search you ever do.

Cost per click advertising can be targeted (based on user requests to see pages that contain the information) or general (run of the network or run of a website). The more targeted, the higher quality the traffic, and the more costly.

As of this writing, the average click for the keyword "dui attorney," was $23.85. The phrase "los angeles du attorney," currently goes for an average of $32.78 per click, and "phoenix dui attorney" goes for a mind-blowing $46 a click." These are "wholesale" prices and don't account for management fees and markups if you use a consultant or middleman.

The economics of paid search advertising are deceptively simple. Just beneath the obvious surface, however, is a world that is still evolving and is at a stage where basic economic maxims are still impossible to define.

For now, let's look at it simplistically. Let's say that it takes an average of 30 targeted local visitors to produce a new client for your firm for any given key phrase. In Phoenix, that would mean that each new client obtained through the term "phoenix dui attorney" would cost an average of $1,290.00. That's an expensive client acquisition, which begs two questions. 1) Is that client profitable to the firm at that cost? and 2) was there a way to get that exact client at a lower cost?

Studies have shown that consumers trust organic search results (unpaid results) over pay per click results (one study says 86-percent of the time) because people tend to mistrust obvious paid ads. Studies show that organic results have a higher click through rate, and a higher conversion rate.

As more people learn the difference between organic and paid results, the gulf in performance will likely increase further.

Pay per click ads certainly have their place.They are good supplement to nearly any smart marketing campaign.

A new website will take between several months and a year or more to rank well in organic search results (assuming that it's built and maintained correctly), so pay per click ads can be a great supplement in the interim.

I strongly caution you against relying exclusively on pay per click ads in the long term. This is because the moment you turn off the ads, your flow of traffic, and therefore business, will cease. Any present pay per click strategy should be supplemented with a sensible and incremental organic growth strategy. Over the long-term, investment in your infrastructure will pay dividends.

Let's say that a high quality website or directory listing costs you $24,000 per year to build, maintain and promote (not using cost per click advertising). Let's say you are in a market where the average click will cost you (a very low example number of) $8 using pay per click bidding. At 8-bucks a click, you can buy 3,000 clicks instead for the same $24k you would spend for the year. (And given that organic clicks convert better than paid clicks, the 3,000 organic clicks should produce more business than the 3,000 paid clicks.)

A well optimized state or local website should get anywhere between 500 and 5000 or more organic clicks a month, depending on the population of the applicable area, and the relative number of DUI arrests. In a small market, your $24,000 in pay per clicks buys you 6 months worth of clicks (if you can even attract that many). In a large market your $24,000 worth of clicks would be less than a month's worth of organic clicks (again, if you could get that many clicks in a single month).

For a market like Los Angeles, at $23.85 per click, $24k would buy you just over 1,000 clicks. From those 1,000 clicks, how many new clients would you need to get to justify the $24k in expenses? Most well-run DUI practices can't be sustained at a cost-per-acquisition of more than $1,200 per client, and the comfort zone is somewhere between $300 and $500 spent per new client acquired. With efficient online marketing, the cost per client acquisition can be lower than that… much lower.

How easily does your website load?

How long will you wait for a web page to load? Would you wait 2 minutes? One minute? Would you wait 30 seconds? Most web users with a high speed connection will not wait 30 seconds on a page.

Most web users don't want to see your logo dance, or see a fancy but meaningless graphical introduction. They want to make a quick decision about whether the content on your page is useful to them, and they want to make it in a matter of seconds. Sites that have flash or splash introductions that you have to wait through or click to see any of the main content are obsolete and harmful to your practice. If you have been lost at sea since 1999, then a splash page might excite you. But take it from me, your users will hold it against you.

Flash elements on a page such as an interactive map or video are good if deployed well, but nobody cares that some graphic artist is able to make the letters of your firm dance around and then come together with a flourish. Nobody cares to see an animal mascot make a threatening sound as it breaks through your logo. Users value quick load times, and so do the search engines.

Can people easily navigate your website?

What do newspapers do with less important stories and less expensive ads? They put them below the fold. Most websites have a "fold" too. The "fold" is the bottom of the viewable area of the screen when the page first loads. Anything that you have to scroll down to see is "below the fold."

The challenge is that screen and browser sizes vary. What is well above the fold on my 27-inch monitor is below it on my 15 inch laptop.

Where is your site navigation located? If it is all or partially below the fold, you may have a problem. Attorneys seem to run into this problem when they hire "artists" to design their pages.

While a jury trial may be a contest of who has the best lawyer, the contest for a DUI defendant's business online is rarely won based on which attorney's web designer has the coolest Photoshop skills. Would you choose a heart surgeon based on who has the best montage of an aorta, a scalpel, a hot nurse and a doctor with Photoshop whitened teeth?
Your client's case is usually the most serious thing in his or her life when they are looking at your website. Your online presence must be business oriented and helpful. It must be comfortable and predictable.

Do your links clearly communicate where the visitor will go when they click on them? One misleading internal link title (a link from one page in your site to another page in your site) and you risk losing the trust of your visitors. Is there an easy way to get back to your main page, and to contact you from every page in your site? If a visitor has to hunt for a way to contact you, they will figure that it is not important to you to be contacted.
Is there a search function on your site? If there is, you risk sending your visitors to irrelevant pages and frustrating them. A user of average intelligence should be able to find their way around your entire site without  having to resort to a search.

Your navigation structure largely dictates the "flow" of traffic through your site. I recommend staying away from cartoon-ish or highly automated menus. When hovered over, a link should NEVER change size or font, but should ALWAYS either change colors or become underlined or highlighted. The user needs to know that it is an active link without having to readjust their eyes.

If moving through your navigation moves any element that is not navigation, you have a problem. Some older sites push main body text around as menus expand. This looks unprofessional, and if a visitor thinks your website is amateurish, they will think it about you as well.

I recommend avoiding too many image links. In a misguided attempt to be fancy, some web designers make separate images for each link. Some call them buttons. This is a bad idea from a usability perspective, and equally bad for the search engines. Plus, the heavy reliance on multiple images can slow your site down.

My national site, DUIAttorney.com has over 20,000 pages of content. There a lots of links on the homepage to articles on a range of DUI-related topics, and these links are repeated many times in other places. Although on first glance it looks like there are merely hundreds (rather than thousands) of pages, as people navigate through the site, the menus change depending on the state or section the visitor is in. With such a large site, it would be impractical to put all the links on one page. Links should entice people and get them to where you want them to go in an honest and straightforward way. No fanciness. No surprises.

When it comes to navigation, simple and easy is best.

Can people easily understand your website?

Can you write about your state's DUI laws in clear, simple and easy to understand layman's terms? Can you discuss your qualifications in prose that can be appreciated by a person who has never had any experience with the legal system? If you either can't, or don't have the time to, use caution when you delegate.

If you hire somebody without any legal training to write your content, don't be surprised to see that it has either been copied from your competitor's site or that it doesn't make legal or grammatical sense. Sometimes you get all three problems in one shot. This is especially prevalent when you outsource the responsibility for the content on your website to a foreign country on the cheap.

Even if some of your DUI clients speak bastardized English or slur their words, your website should not. If you can't or won't write your own website content, make sure you hire somebody with a demonstrated history of writing good legal-to-layman copy. That person should also know how to write for the web (a subject which can and does fill volumes in and of itself).

Can people easily tell you and your competitors apart?

Over the past decade, I have changed my website regularly. Sometimes it's because I felt like it, or because the law changed. Other times it was because my competitors (some of whom were also my friends) copied my message.

There can only be one "premier," or "best," or "top" law firm, right? So if everybody claims to be the premier law firm, it loses its meaning. Even more dangerous than an overused superlative losing its objective meaning is when consumers start associating your message with other firms.

Educated and discerning potential clients are going deeper and deeper in the search results. They are verifying your claims through additional searches. If you say you are "The Top Metropolis DUI Firm," you can bet that some of them will go to Google and search for "Top Metropolis DUI Firm." When they do, what will they see?

If they see you on the first page (even if you paid for the click), and your website says you are the "top" or "premier" firm, and then they see your competitor's nearly identical looking site and message, they may reach their decision-making threshold at that point and call your competitor because they are at his or her page, but think they are seeing you again.

What can you do about people ripping off your look, feel and message?

The short answer is "not a lot."

This is because there are only so many ways to lay out a web page, and only so many ways to describe the law and process. You don't have a monopoly or copyright on the law. But what you can, and should do, is stop using the same messages as everybody else. Don't talk about yourself much at all. Talk about your potential clients. That's what they want to hear anyways. Plus, it's more honest than saying you are the "top" firm (in most cases… no offense if you really are the top firm, as this newsletter has over a thousand subscribers). Even if you are the top DUI lawyer in the whole world (and a few subscribers to this newsletter could legitimately contend for that title), your potential clients can't easily tell that your true claims are any different than the 40 other websites in your state that say essentially the same thing.

I once had a local law firm copy my site to the point that it was blatant and provable. The attorney, who I knew to be a stand-up guy, was shocked when I called him and told him that my bio was on his bio page, and my name had been "found and replaced" with his name. It didn't even make any sense because he had about 5 years more experience than me, yet his website indicated my level of experience. His web guy did it without his knowledge, and he did the right thing and made his web guy change it immediately.
So if you see somebody copying your stuff, don't assume that it was done intentionally by the attorney. And if you are copying another lawyer's stuff, cut it out. If you see a blog post by another DUI lawyer that you like, don't copy it verbatim. That is stealing from her and potentially hurting both of you. Instead, write a blog post of your own, and make reference to the other lawyer's blog, and give credit to the other lawyer. She might just acknowledge it and return the favor.

As the search engines get better and faster at crawling websites, they are starting to know whose website produced the original content. On DUIAttorney.com for example, most of our new articles get indexed by the major search engines within an hour. The many "leech" websites who regularly copy our stuff can't usually find our articles until they are indexed, and by then the game is up.

The search engines have a vested interest in preventing copying and stealing of content. If you hire somebody to scam other websites, it is likely you who is getting scammed.

The Free Flow Of Ideas

The Internet is about the free flow of ideas. Those who give credit where it is due are typically rewarded with the same respect from their like-minded peers.

The gutter of the internet is clogged with copycat and unoriginal materials. But the search engines are getting better at determining what is relevant and what is not.
If your web presence makes life easy for your potential clients, and makes the job of the search engine spiders easier too, you are 90% of the way there.
Starting with next Tuesday's edition, I will discuss, in detail, topics that make up what I like to refer to as the remaining 10% of the job. These are the little things that make a huge difference and, I believe, account for the stratification between websites that get the first 90% right.

I hope this newsletter is helpful to you, and I'm looking forward to working on next week's edition. If you have any suggested topics or questions you want me to address, please let me know.

Sincerely,

Dan Jaffe

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February 16, 2010

Greetings,

Last week I sent you a message announcing my new weekly newsletter that focuses on Internet strategy for DUI lawyers. This is the first weekly edition.
To be clear from the start, I do not want to be your new webmaster. My motives for writing this newsletter are:
  1. To expose the myths and lies about Internet marketing that are regularly passed to gullible lawyers; and
  2. To make you aware of the DUIAttorney.com sponsorships that are available to one firm per county.
I don't want to step on your webmaster's toes or displace anybody. In fact, I have nothing to sell other than a presence on my site if the area is available. I do spend time helping my member attorneys (as a courtesy) with their online strategy, and many view me as a trusted source for advice, perhaps because of my years of experience and track-record, and because I'm not trying to sell them anything beyond the subscription that they already have.The hardest part about internet marketing for DUI lawyers is knowing who to trust (or perhaps more importantly, learning how to spot the scams and the incompetence that make up the majority of what passes for internet law marketing advice).

Does your strategy measure up?

Internet Strategy Metrics The easiest way to determine whether you are on the right track is to measure what you have done.

Everything on the Internet is measurable and easily tracked. If you aren't tracking, what you don't know is probably hurting you.

If you aren't measuring results in an objective way over time, your strategy decisions are just guesses. As the internet gets more crowded, the probability of guesses being rewarded decreases.

If you have a complex web presence consisting of more than one directory or property and you "track" leads by asking people where they found you, then you are probably missing the nuances that can transform your campaigns into an efficient science.

I will address the methods of tracking your online marketing in a future issue. For now, just ask yourself, "Am I flying blind?" If you are, then you need some tools that will open your eyes to a whole new world.

What do your potential clients see?

Do you like to look at advertisements?

I bet you consciously or subconsciously skip over elements of a web-page that you know, or suspect, are advertisements.

When you search for something not law-related, you know you have thousands to millions of choices, all served up in a fraction of a second by the search engines.

When a website doesn't seem to have what you want at first glance, usability studies have shown that most people hit the back button and try another page. People who search for DUI-specific information know what they want. Their attention span for anything else is minimal.

If you don't give them what they want immediately, they will leave your site and decide that you are not a viable choice to defend them.

A single, slow loading flash element on your home page can cause your bounce-rate (visitors who leave without clicking on any internal links) to skyrocket.

Like using the phrase "may it please the court," or "your honor" to begin every other sentence a lawyer utters in court, webmasters pick up many inefficiencies, ticks, and bad habits by looking at other DUI lawyer websites. These things help make you invisible because they make you look like everybody else (to human viewers and to search engines).

Is your marketing strategy dead or dying?

If you rely on word of mouth, phone books, billboards, mailers, radio or television, you are hemorrhaging market-share, or about to. And if your internet strategy is an electronic version of a phone book ad or TV commercial, then you are likely to watch helplessly as web-savvy firms snatch up good potential clients.

The problem with old-media advertising (print and broadcast) is that it's not targeted, and it's highly inefficient. By contrast, most people only visit a website when they are looking for what the site offers.

Most marketers who provide services to law firms realize that old-media is dying. The problem with the transition to efficient Internet marketing is that too many old-media people are clamoring for your business and they don't have a clue what they are doing. If you port your old strategy to the Internet, your might as well just stick with the phone book.

Internet marketing changes faster than DUI law.

If you got an MBA in marketing seven years ago, nearly everything you learned in school is now obsolete. And if you use the formula you did online seven years ago, don't blame the dump-truck firms and the unknowns that are moving in on your market-share.

I've been both a witness and a participant in the evolution of law practice marketing for DUI attorneys for the last decade, and I have  walked over 10 years in your shoes. I have waited for days on end with scared clients for jury verdicts. I watched some clients walk out of the courthouse free. I stood helplessly as others were escorted out in handcuffs.  I crossed lying cops, and stood between clients and hostile judges. When I was in trial, nothing else in the world was real. Nothing else mattered.

To be a great lawyer, there should be nothing else on your mind. And if you delegate the single most important external element of your law firm's future, the management of your marketing, you'd better be damn sure that you pick the right person or company to delegate to.

You must know with certainty that those who decide your marketing strategy consider your law firm's best interest, not the preservation of their account or job, as their sacred mission, and that they represent no other competing law firm for the geographic region and practice area you pay them to promote.

How do you know whether your firm's marketing person knows what he or she is doing? There's a simple test:

Does the person have a recent history of successfully creating and promoting a DUI law site? If they don't, then all of their advice and all of their projections are theoretical.

A monkey can make a good looking website. There are programs that pretty much do it for them. But making a good looking website accomplish what you want for your practice is a whole different ball-game.

A monkey can run a pay-per-click campaign. The tools to do so are easy to understand and access, and take a couple of hours to master. So why would you pay a middle man to manage, and mark up, clicks that you could buy directly wholesale?

Internet marketing strategy requires thousands of hours to truly understand, and selling your practice and yourself online is different than selling anything else. A web professional with a history of successful dental practice or bicycle shop sites likely has little clue how to make your law practice stand out in a competent and ethical way (and if they were that great at what they were doing before, why aren't they still doing it?). Hiring a marketer with a print or broadcast media background who lacks years of law-related internet marketing experience is like hiring a podiatrist to pull your tooth.

Old media marketing was stagnant. Once the new phone book came out, there was nothing you could do to adjust for an entire year. You couldn't effectively test over the short term, and you couldn't use multiple contingent decision paths without gambling the future of your practice.

On the other hand, the Internet allows you to think several moves ahead. It allows you to adapt very quickly, and often requires you to make changes immediately (sometimes overnight). The days of Internet tricks are done, and sites that employ or have remnants of old-school "black hat" tactics (a topic of a future newsletter) are sitting on a time-bomb. Search engines rely on human customers, and to thrive they need to constantly figure out ways to filter out the static and make the results that are most useful to human users appear first.

The term "Web 2.0" is misused a lot, as in "hire me, I'll make you a Web 2.0 site." By definition, Web 2.0 refers to the period from 2004 to present. In 2004, blogging programs turned the capability of the average website from a static collection of files (pages) to a dynamic and interactive community forum. The prob­­­lem with the term Web 2.0 is that very little of what worked in 2004 still works in 2010.

Is your website working as well today as it did in 2004? If so, then you are probably doing something right.

But if you don't take the time to become an expert or invest in an established expert to get or keep you ahead, time will either erode what you have, or you will never have a chance to get started (it takes many months to establish a new website, and perhaps longer to realize that a new strategy on a new site is not working).

Most lawyers' marketing is grossly under-performing. Internet strategy is not rocket-science, but it's no longer so simplistic that you should assume that anybody who solicits your business will be competent.

If you are losing market share to lesser attorneys, it's time to look at yourself (or whoever is in charge of your marketing strategy).

Is your ego hurting your practice?

You have a right to be proud of your skills and accomplishments. I know I am proud of myself for all of the efforts I gave my clients over the years, even those who never really appreciated what I did for them.

Your ego can make you a target for unethical marketers.

Nearly every person who cold-calls you trying to sell you marketing knows that you are a lawyer. As such, they depend on your ego to get in the way of your better judgment. Lawyers are more likely than most to pretend that they understand a completely meaningless and made-up term than admit that they are ignorant when speaking with somebody they view as less intelligent or of lesser status than them. Most web people know that nearly every lawyer considers what they do to be "beneath" them. Let's face it, as lawyers we are less likely to admit that we are ignorant or wrong, which makes us less likely to openly challenge an assertion that we don't understand when it is delivered with authority.

That's why lawyers can be talked into using a "SEO" or web promotion company that also promotes their competitors. That's why they pay a jacked-up fee for the conflict of interest. Put words like "premier," "top" or "elite" on it, and marketers who sell conflict of interest packages depend on you to ignore your intelligence and best-interest. And in that moment of weakness, they make you commit to long-term contracts with buyouts for your own website.

Your ego can get in the way of your potential client's ego, and when it does, you lose.

Here's the thing. Your practice isn't about you. Your client's don't care who you are. They don't care who you saved, where you lectured, what seminars you attended, or whether you are NHTSA qualified.

They take your endorsements from former clients and other lawyers with a grain of salt because they can't be verified. Most former DUI clients don't want to be called by other defendants asking about you. An endorsement from an out of state attorney means very little to most consumers, and in-state endorsements can "steal" your business if called to verify their endorsement of you.

For a recommendation or endorsement to be effective, it must tell a story about the endorser, not about you. It must make the endorser credible, and therefore trusted in what he or she says about you. And most importantly, it must be verifiable.

For your clients and potential clients, if it's not about them and their case, they really don't care about you. In fact, your current clients would much rather have you in the office working on their case than going on a CLE cruise. Some secretly resent that you go fishing, or to a movie, or take any time off from working on their case because their future is on the line and time is of the essence (a message they get from nearly all DUI marketing).

In my law practice, I used to get a bump in my new client retention rate after I heard DUI defense legends speak at CLE events. After careful testing, I discovered that whether the potential clients who came following these seminars knew I attended the seminar or not didn't matter. What mattered was that I knew, I was inspired, and my energy and fighting spirits were rejuvenated. Potential clients could sense the fresh energy that I would bring to their case.

This information helped me better shape the messages that I delivered to my clients online. It's not about me. It's not about who I know. It's first, second and always about the client.

What potential clients want to hear from you.

You know you are a good lawyer and that you care about each client and each case. So why do dump-truck firms gain so much traction? One reason is certainly that the dump-truck firms are unscrupulous, and invest vast amounts of money to increase their market share (and as a by-product decrease your market share).

Another potential reason could be that many of the dump-truck firms are really good at speaking with potential clients. To relate to the average client, you must remove your professor's coat, and you've got to listen more than you talk. This is true in person, and it is also true on your website.

Sure, it's important to give as much legal and technical information as possible for the search engines and for the "researcher" potential client, but you need to give it a way that a non-legally-trained person can understand, relate to, and appreciate.

A "ten simple steps" article beats the pants off "an analysis of the elements" article every day of the week. A "how to beat the breath test" article kills a piece on the "five prong Daubert analysis and the interplay of Rule 702 in forensic alcohol testimony."

A web-video that starts with "Thank you for that introduction. It's always a pleasure to speak to such a fine group of colleagues about the latest developments in DUI law," will put your potential clients to sleep, whereas a video that starts with "Your case is scary, but I'm going to show you how you can make the most of your bad situation and come out ahead," will put potential clients on the edge of their seats.

Some YouTube videos make lawyers look bad, and are severe liabilities. The messages that many lawyers think they are delivering is different than the messages their potential clients are seeing. Those that say nothing of substance very nicely (in videos) are far more likely to convert leads than those who give a brilliant discourse on the fallacies of infrared spectroscopy or gas chromatography in a lawyer-like tone.

What's most important is what lives between the written lines or spoken words. That's where your potential clients fill in the blanks with their own voice.

To be effective your web copy must:

  1. Be optimized to drive targeted traffic to itself (unless you are at peace with a never-ending pay per click bidding war); and
  2. Be legally and factually accurate without making any claims that violate consumer protection or legal ethics rules; and
  3. Speak to the potential client on his or her terms and in his or her language and voice.

Preview of future issues
As the Internet becomes more efficient, the worst possible thing for your firm's long-term success is a little random short term success. You must measure where you are. You must have the tools to compare it to where you've been. You need to understand how you got here, and be able to extrapolate a probable path to where you want to be. If you can't do all this, then no matter how successful you are at the moment, the ice beneath you is thin.In future issues of the DUI Attorney Internet Strategy Newsletter, we will explore in detail different concepts and methods that will help you improve your online presence and give you an advantage over those who are using the wait and hope method, or blindly delegating to the blind.

Some of the planned topics include:

  • Why having 5 or more websites can hurt you.
  • How to build your electronic credibility and reputation.
  • Marketing utopia: Getting closer to a purely efficient model of law practice advertising.
  • Scale back to scale up, polish your gold and toss out your turds.
  • The pyramid of internet strategy for DUI lawyers.
  • Why social media is like oxygen, and you can't live on oxygen alone.
I hope that we can continue our association. The last thing I want to do is send you anything that you can't use, or don't find valuable. If you don't want to receive next Tuesday's issue or any future issues after that, please use the SafeUnsubscribe link below, and you will be permanently placed on a "do not email" list.

I hope this newsletter is helpful to you, and I'm looking forward to working on next week's edition. If you have any suggested topics or questions you want me to address, please let me know.

Filed under Dear DUI Lawyers by  #

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Here are some predictions that Bruce Clay made in 2008, and I believe that we have seen some of them come to pass.

What is really interesting is his predicted doom of scraper sites. I have always thought that is where Google and other search engines would want to go. After all, there is no practical use for a site the just copies and regurgitates content (except maybe from a pay per click standpoint). Since Google and the others depend on the trust that users put in their searches, it makes sense that their policy would not favor sites like that which are untrustworthy.

Filed under Dear DUI Lawyers by  #

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I just got a call from a computer at the Verizon directory asking me to confirm that I received the new phone directory. First of all, talk about invasive and rude. Not only does this company waste resources and energy making a disposable paper book that they then drive to my office, only to make me spend time and energy throwing it into the recycle bin, they have the audacity to have a computer call me to confirm this.

I'm in an office building where the phone book companies often leave a pile of books in the front lobby. Hardly anybody touches them, and then building maintenance has to throw them out.

What a waste of advertiser money and natural resources.

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Dear DUI and Criminal Lawyers,

If you are a criminal defense or DUI attorney who manages your own website but don't have much time, here's what you need to know about link exchange proposals from other sites.

1. If you get solicited for a link exchange, evaluate the site. If the site has just launched and has no page rank think twice about exchanging links (assuming your page has page rank), unless you want help the new site with very little benefit to yourself. You can check page rank by downloading to google toolbar.

2. Look at the message of the site. If the site is not relevant to yours or not on message, it doesn't matter how popular or well ranked the site is. Run.

Link exchange requests are flying all over the internet these days, and I get 10 to 20 each day for my websites. I rarely engage in them because most of the requests are self-serving and won't benefit the public spread of good information, which I view as the foundation of good SEO.

-Dan

Filed under Dear DUI Lawyers by  #

Dan Jaffe - Attorney & CEO
DUI Attorney Marketing, Web Presence Architecture, Coaching
DUIAttorney.com LLC
10401 E. McDowell Mt. Ranch, #2-351
Scottsdale, AZ 85255
(480) 951-3200