Three Ways for Social Media and Digital Companies to Find a Good Lawyer

The purpose of this short post is to help you find an experienced lawyer who can help you with your social media and digital legal needs. A lawyer who knows your business, someone who is ten steps ahead of your competition, and a caring human being you can know, like, and trust (yes, lawyers are people too).

While price is always important, I believe skill, ability, and reputation are even more important. I say this because, after 30 years of practicing law, I know for a fact that it’s important to get your legal needs handled the first time correctly. Often there is no second chance.

So how can you, a social media and digital expert, find the right lawyer? Well, here are three approaches that I think you’ll like.

Approach No. 1- Get Personal Referrals

If you have friends or family who you respect and who are very satisfied with experiences they have had with a business lawyer who handles online business needs, you may want to start there. If you know a good lawyer who handles other types of legal matters (for example, estate planning or criminal defense), ask him or her for the names and numbers of the top 2 or 3 lawyers he or she knows who handles online business needs.

Friends at work and upper-level management and executives can be a good referral source. Well established social media agencies, authors, keynote speakers and social media influencers may also be able to share a few names with you.

I have an excellent database with the names of excellent lawyers who help digital business owners and entrepreneurs all around the world. Feel free to contact me if you would like the names of a couple of lawyers in your area.

Continue reading “Three Ways for Social Media and Digital Companies to Find a Good Lawyer”

Nine Questions to Ask Before Hiring a Social Media Business Lawyer

Here are nine important questions you need to ask every social media and digital business lawyer you interview to represent you in an online business/legal matter. Just as important, I also share my thoughts about what the right answer to each question should be.

Question No. 1: “How long have you been practicing law?”

The attorney’s answer to this question is important and can be very revealing. It takes many years to become proficient in the legal profession. I recommend that you make sure any attorney you are thinking about hiring has, at a minimum, at least ten to fifteen years of substantial litigation experience in the area of law that you need help with.

Sure, there are exceptions to this rule and I know several very good, ethical attorneys with less than five years of experience. What they lack in litigation and trial experience they make up for with intelligence, drive, passion and the wherewithal to associate with experienced counsel to answer their questions and help them when needed.

Question No. 2: “What percentage of your practice is focused on the type of law I need help with?”

For the past ten to fifteen years of a lawyer’s practice, at least 90% of the attorney’s time should have been focused on representing legal business matters relating to your legal needs. For the past 5-7 years, a heavy emphasis should involve social media, digital, and technology.

Why not 100%? There are two good reasons.

Continue reading “Nine Questions to Ask Before Hiring a Social Media Business Lawyer”

Six Legal Tips To Help Online Businesses Avoid Claims and Lawsuits

This past Thursday I had the pleasure of speaking to a wonderful audience at Summit.Live. I shared six tips to help online businesses avoid claims, litigation, and lawsuits.

I hope you enjoy my presentation. Feel free to reach out with any questions!

Notes:

Please note that while I am an attorney, I’m not your attorney. Please check with an attorney in your state before taking any of these legal steps.

A summary of my six tips are as follows:

  1. Do business as a corporation or LLC
  2. Protect and respect intellectual property rights
  3. Promote your products and services through your business and not you personally
  4. Use contracts and other written agreements
  5. Use mediation and arbitration clauses
  6. Use attorney fee and venue clauses

Fake News, Adobe VoCo and Authenticating Evidence

For years, trial lawyers have had to deal with fake images created with Photoshop. Today, several new “fake” facts and evidence issues have evolved because of technology. All of this results in consumers being intentionally mislead and ending up uninformed.

A new product by Adobe named VoCo (not yet released) lets you edit recorded speech so that you can alter what a person actually said. This new technology is very cool but has the potential for allowing even more fake and misleading news, bad publicity for people and companies, and false evidence in the courtroom.

Watch this short video to listen to how well VoCo works.

While the upside and downside of VoCo are both unlimited, several protections we have from misuse in the legal system are concepts referred to as “foundation” and “authentication” under the evidence code.

Generally speaking, what this means is that before a recording can be admitted into evidence in a court of law, the person producing the purported evidence must show, using established and reliable methods, that the item is what he or she says it is. Concepts like chain of custody, totality of the circumstances, and familiarity with a person’s voice all come into play. Obviously, this last element may no longer be allowed once the VoCo tech is perfected and released to the public.

My take-a-away for not just lawyers, but anyone relying upon what they see, read or hear, is to always question the source of the content. Do your own due diligence and research when you hear, watch or see something on the news or online. There’s never anything wrong with being careful and questioning a source. In fact, it’s just the smart thing to do.

Distracted Driving Social Media Community Survey

Please participate (and share) this 60 second community focused distracted driving survey!

To all business owners, social media users, and social media experts:

When you see someone updating social media or livestreaming while driving, do you believe this is a public safety issue? If so, what do you do, if anything, to fix the problem?

I ask this question because April is Distracted Driving Awareness Month and I’m trying to determine how the social media community feels about this issue. I’m writing a new blog post on the topic and would value receiving your confidential feedback to this short survey.

By the way, if before answering this survey, you need more facts about distracted driving, I invite you to see Sue Scheff recent post “The Habit Of Distracted Driving: It Only Takes A Glance” or the resources at StopDD.Today

Click to take this 60 confidential second survey on SurveyMonkey http://bit.ly/survey-dd and also please share with your family, friends, and social media communities. Thank you!


April 15th Update and Results: Click here to see the survey results.

Guest Lecture at Chapman University

I had a blast guest lecturing in the Chapman University classroom of Professor Niklas Myhr aka “The Social Media Professor.” We talked about social media, marketing, law and being an entrepreneur and the Q&A with Professor Myhr and his students was priceless!

On a side note, every time I speak and interact with today’s high school and college students, I consistently walk away from the experience knowing that the future of our country is good hands. These young adults are going to do amazing things. I hope each and everyone of them stays in contact!

Just in case you’re interested, click the picture below or here to watch Professor Myhr’s Facebook Live video.