"Applications" on iPhones and in the iTunes store are growing in importance and popularity, and lawyers should carefully consider the implications for marketing and content distribution.  In a March 4, 2009 article, The National Law Journal noted that more and more lawyers and law firms are embracing the iPhone.  The article conceded that the BlackBerry is still the PDA of choice for many lawyers, but that iPhone usage among attorneys is growing.  For example, according to the article, more than half of Chapman and Cutler's lawyers now use iPhones.  The article states that some other law firms boasting significant iPhone usage are Howrey and Sonnenschein Nath & Rosenthal.

One of the iPhone's biggest advantages is its connection to Apple's App Store, which is easily accessible from the iPhone.  The number of applications is growing quickly, and many of those applications are free; others are available for a nominal price.

Should lawyers and law firms have all or some of their content available through an application that can be downloaded to the iPhone?  The prestigious TED (Technology, Entertainment, Design) conference has made many of its talks available through a free iPhone app.  Using that application, one can listen to the talks directly on one's iPhone.  A lawyer or law firm could follow suit by having its own "channel" in Apple's App Store.  The particular law firm's application would then be a way for the firm to distribute its speeches, seminars, and other content on an expanded basis.

I welcome your thoughts on how attorneys and law firms can leverage iPhone applications, and whether apps are a viable avenue for the legal profession.

Lawyers generally seem less "sold" on the the iPhone than the rest of the population.  The iPhone has been called the most popular phone not only in the U.S., but in the world.  Yet from my unscientific observation, lawyers have been relatively slow to adopt the iPhone; some would say that attorneys and iPhones are not a good match.  The reluctance among lawyers to adopt the iPhone may stem from the trend among lawyers to lag behind in implementing technology that is new or on the cutting edge.

One of the common concerns among lawyers is that the iPhone will not be as effective in retrieving e-mails.  The BlackBerry is a great tool for pushing out e-mails, and many lawyers rely heavily on their BlackBerry smartphones.  When I was a BlackBerry user, I was concerned - as are many attorneys - that switching to any other mobile device would slow down my e-mail retrieval process.

Since switching to the iPhone, I have been pleased that my e-mail connectivity has not suffered.  In fact, I have not found the iPhone to be any slower than my BlackBerry in retrieving e-mails.  Thus, the number one lawyer concern about switching to the iPhone - speed of e-mail retrieval - should not be an obstacle.

What has been your experience with retrieving e-mails via the iPhone?  Are lawyers and iPhones a good fit?  I welcome your comments below on whether iPhones for lawyers are a good idea.

As part of your lawyer and law firm marketing, do you make room for "critical thinking time?"  One of my mentors, Alex Mandossian, highly recommends that all marketers engage in "critical thinking time" on a weekly basis.  Critical thinking time involves taking an hour or half hour to be alone and simply think and strategize about a certain aspect or aspects of one's business.

For example, if you would like to increase your business development for lawyers through social or new media, you could devote 30 minutes or an hour to strategizing about how you will do so.  Alternatively, if you would like to join the burgeoning number of lawyers on Twitter who are successfully leveraging that microblogging service in their client development efforts, you could devote a "critical thinking time" session to that topic.

There are various ways for lawyers to engage in critical thinking time.  Sitting down with a legal pad and writing down 20 or 30 ideas about how to implement one strategy or achieve one goal can be effective.  For me, however, critical thinking time works best in front of my computer.  My preference is to take 40 minutes or so to strategize - in a document on my computer - about a certain goal or strategy that I would like to implement in my business.  The focus, direction, and inspiration that result from doing so are worth the effort.

As you begin 2009, I recommend that you consider implementing into your routine a weekly "critical thinking time" session.  Choose a day for your weekly session and start slowly by devoting 30 minutes per week.

Has anyone had success with this strategy or something similar?

My belated 2009 social media/new media predictions on marketing for lawyers, law firms, and attorneys:

• Business and/or law-related social networking sites such as LinkedIn, LegallyMinded, Legal OnRamp, and at least one new site will grow in importance for client development among lawyers
• Law firms will gradually become less skeptical of blogs, and blogging will catch on among more and more attorneys
• In light of the state of the economy and fears about a "recession," law firm marketing directors and marketing committees will increasingly turn to social media and new media
• Use of video on law firm websites will still be sparse, but some lawyers will begin to appreciate and harness the power of video for purposes of SEO and effective communication
• A small segment of lawyers will start posting more videos on YouTube and other video-sharing sites
• Use of Twitter among lawyers will grow relatively slowly, due to the perception and reality that lawyers are very busy
• Few lawyers will use "article marketing" or content marketing (through content sharing sites) in their client development efforts
• Social bookmarking will not yet catch on among lawyers
• Podcasting will not yet become widespread among lawyers
• An increasing number of lawyers will start to view Facebook not solely as a social tool, but also as a business tool

Lawyers and the legal community are historically slow in adopting new technologies and social media strategies.  However, lawyers generally seem to become ardent adopters of certain technologies (e.g., Blackberries and other mobile devices) once their clients and the business community have adopted them.  During 2009, attorneys will make the social media advances described above (I think!).

What are your thoughts on the use of social media among lawyers during 2009?

One of the cornerstones of Internet marketing for attorneys and lawyers should be micro-blogging.  The current leader among micro-blogging services is Twitter.  If you are not yet on Twitter, I recommend that you set up an account as soon as possible.

Having a presence on Twitter is becoming more and more crucial to the marketing of legal services.  Many lawyers and potential clients spend significant amounts of time posting on Twitter and reviewing the "tweets" posted by those whom they follow.  In fact, lawyers - who are often a source of referrals - are constantly searching for other lawyers to follow on Twitter.  Using various search features, lawyers and potential clients are looking to follow lawyers who establish themselves as thought leaders on a variety of topics on Twitter.

While the number of lawyers and potential clients on micro-blogging services other than Twitter is considerably less, those services should not be ignored.  Thus, in addition to Tumblr, lawyers should not ignore such micro-blogging services as Jaiku and Plurk.  While those services currently appear not to have the reach or popularity of Twitter, it is beneficial to have a presence on them.  Potential clients can be found on a variety of different social media and social networking sites.  In addition, sites like Jaiku and Plurk may increase in their influence over time.

At this point in time, lawyers should focus their micro-blogging resources and efforts on Twitter.  However, the other micro-blogging services should also be part of the mix - preferably using a service that will allow for one post to be submitted to a variety of different platforms.  I welcome your comments on whether Jaiku, Plurk, and other non-Twitter micro-blogging services should currently be used in marketing for law firms.

Attorneys and lawyers using social media should consider adding Tumblr to their marketing and networking arsenal.  I finally joined Tumblr today and recommend that attorneys interested in social media consider doing the same.  Here is my initial effort at a Tumblr profile: http://bentleytolk.tumblr.com/.

Like Twitter, Tumblr is a microblogging service that allows for the posting of text messages and links.  Tumblr also currently allows for the uploading of photos, audio and video.  I am still experimenting with Tumblr, but it appears to have potential.  Similar to Twitter, those on Tumblr can follow people and have "followers," and they can "reblog" others' posts (similar to retweeting on Twitter).  With Pownce unfortunately scheduled to shut down, Tumblr can be a good complement to Twitter.

Why should you sign up for Tumblr when Twitter is the dominant microblogging platform?  In the world of social media and new media, an extensive web presence is important.  Joining more than one microblogging service is all about reach and impact.  If your potential prospects are on Tumblr or Jaiku (another microblogging service), you should also be there.  As my friend Paul Colligan has been known to say, you should meet your prospects where they want to be met and on their terms.

Of course, if you are microblogging on more than one platform, you should consider using a service that will allow you to post once and have your post distributed to multiple platforms.

More on microblogging in future posts . . . .

As addressed in my previous post, Internet marketing for attorneys and lawyers demands speed.  Working with speed provides momentum, allows for testing and "failing fast," and allows one to keep up with the tidal wave of social media and new media that is affecting lawyers with dizzying rapidity.

How does one move quickly in the world of Internet marketing for attorneys and lawyers?  The first key is to implement a new marketing strategy or social media technology on a regular basis.  Although lawyers are exceptionally busy, client development and business development require regular implementation of new, fresh ideas.  I recommend that lawyers implement at least one to three new marketing strategies or new media technologies each week.  If possible, lawyers should be implementing four or more new marketing strategies or ideas each week.  To keep up with the opportunities and advances that are constantly occurring in the new media world, quick implementation is essential.  As lawyers quickly implement new social media and social networking methods and strategies, they will have "first mover" advantage that can be invaluable.  It is the early adopters who will benefit most from the social media sea change in Internet marketing for attorneys and lawyers.

The second key to speed is closely related to the first: legal marketers must constantly be testing everything that they do.  Each week (or at least each month) a lawyer should ask: "what marketing strategies will I be testing and refining this week?"  For example, lawyers should always be testing different text, audio, and video components on their websites.  Lawyers should also be testing different headlines and text on e-mail newsletters to their clients and prospective clients.  Content, layout, formatting and promotion of blogs, podcasts and videos should constantly be tested and improved.

The faster that a lawyer tests new social media, social networking and new media strategies, the faster the lawyer will expand his or her potential client base.

Speed is one of the keys to Internet marketing for attorneys and lawyers.  In the first issue of Stompernet's The Net Effect, Brad Fallon writes about the importance of quick implementation.  He emphasizes that small businesses have a strategic advantage through their ability to move quickly and decisively.  In addition, he mentions that businesses can increase their speed through various means that include outsourcing, technology, and hiring free interns.

Why should you speed up your marketing for attorneys efforts?  There are a multitude of reasons, but one such reason is momentum.  If you are not moving quickly, you may not be achieving and maintaining the momentum necessary to fuel and expand your business.  With each new action you take, you gain momentum.  The faster you take action, the more momentum you achieve.

Another reason for speed is the opportunity to "fail fast."  In the old world of client development, it could take weeks or months to assess the effectiveness of a particular marketing campaign.  Through the Internet, you can obtain almost instantaneous feedback on your marketing efforts through such means as Google Adwords, Twitter, etc.  The faster you go, the smarter you'll become.  As Alex Mandossian has been known to say, the only marketing genius is the customer.  The more quickly you obtain feedfack from customers or potential customers, the more savvy and effective you will become in your marketing.

Finally, increased use of social media, new media and social marketing among attorneys and lawyers has necessitated the need for speed.  If you are going to participate in social media, you need to move quickly.  For example, microblogging services like Twitter and Pownce unofficially require the posting of news and events that are not stale.  Thus, if you aspire to post on Twitter, you can't drag your feet.  Blogging for lawyers and attorneys likewise requires timely posts on current topics.  If as a lawyer you participate in and follow social media and new media, you also need to act quickly.  Comments on blogs generally need to occur soon after a post has been published.  Conversations on blogs and on Twitter require vigilant and quick participation.  If you are monitoring RSS feeds, you will quickly become overwhelmed if you do not have a system for acting quickly.

Any "quick" comments on the need for speed in the Internet marketing for attorneys world?

Internet marketing for attorneys and lawyers is viewed by many lawyers with a high level of suspicion due to concerns about potential ethics violations.  When I moderated a panel at the Utah Bar Fall Forum last week about blogging, social media and new media for lawyers, I was struck by how worried many attendees seemed to be about somehow committing an ethics breach and getting in trouble.  Rather than being open to the new possibilities opened up by social networking and social media, many attendees were afraid that they or their colleagues would run afoul of the Utah Rules of Professional Conduct or of the ethical rules in another state.

Of particular concern to the attendees at the Fall Forum were blogging and microblogging in the law firm context.  The speed and irreversibility of publishing via the Internet were viewed by many lawyers as negatives.  One participant, for example, asked whether a Tweet posted on Twitter could be recalled.  In summary, many lawyers were extremely skeptical about using new media and social media.  The highly conservative and risk-averse attituded reminded me of law firms in the late 1990s who were considering whether to take the "plunge" into actually having a website.  Of course, virtually all lawyers now have websites.  In five to seven years, virtually all lawyers will have blogs and other social media tools for communicating and marketing their services.

Lawyers have traditionally been late adopters of new technologies, but now is the time for lawyers to put aside ethical concerns and fears.  Rather than looking for ethics rules that would prevent them from plunging into social media, lawyers should quickly examine relevant ethical rules, then proceed.  The Rules of Professional Conduct should not be viewed as a barrier for lawyers who are considering the use of social media and new media in their marketing efforts.

Does the intersection of social media and internet marketing for attorneys and lawyers create management and oversight headaches for law firms?  Last week, I moderated a panel discussion at the Utah State Bar's Fall Forum on new media, social media, social networking and e-marketing.  Following the panel, an attendee who works in IT and knowledge management confided in me that services like Twitter and Facebook would create nightmares of logistical control from the standpoint of overseeing lawyers' content, controlling the expression of opinion, maintaining continuity of a company or law firm's marketing message, and maintaining control of branding.  Thus, the attendee was not a proponent of having those within his company participate in social media.

While I think the attendee raises an important point, I disagree with his concern about overseeing lawyers' social media campaigns.  Law firms generally have a marketing strategy and marketing message.  However, individual lawyers need to have their own strategic marketing plans to promote their individual services and expertise.  Thus, if a lawyer in a law firm is permitted to publish articles in law journals or to make presentations outside of the firm without firm oversight, that same lawyer should likewise be permitted to participate in social media without law firm oversight.

Being connected on the Internet is similar to being connected off-line.  Granted, there is a more permanent record of content on the Internet, but lawyers should be savvy enough to avoid the same pitfalls they would avoid off-line.  Social networking for lawyers need not be "overseen" by a law firm, just like off-line networking for lawyers need not be "overseen."  Granted, law firms could consider online social networking policies for their lawyers, but formal oversight would be both unnecessary and counter-productive.

What are your thoughts about whether law firms should be overseeing the social media and social networking efforts of their lawyers?  Please feel free to comment below.