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Professional Use of Social Media: Part II

In Part II of the exploration of social media practices for the legal community, our panel tackles questions about comments and public exchanges on social media, redirection to a website, and ethics issues. In addition, panelists provide insights, advice, and lessons learned.

OUR AYLA PANEL

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Hannah (Hembree) Bell is a solo practitioner offering family law, estate planning, and general counsel legal services for families in the greater Austin and San Antonio areas. Her firm is the Hembree Bell Law Firm, located in northwest Austin.

Lisa Marie Bustos is a solo practitioner based in Austin practicing family law within the Central Texas region. Her firm, Bustos Family Law, handles family law litigation in all stages of the case, but her practice primarily focuses on divorce and child custody cases.

Tycha Kimbrough is a solo practitioner at Kimbrough Legal, a compassionate and dedicated family, criminal, and expunction law firm that cares deeply about the Austin community.

QUESTIONS & ANSWERS

4. How do you handle comments or other exchanges of information with the public on your social media? Do you respond to comments/tweets/ posts? Do you ever have to police the content based on unwelcome interactions?

Bell: This is a sticky one, and I am not sure I have the right answer. They say you are supposed to comment and interact with people in order to catch the attention of the platforms’ algorithms. I always comment and/or like the nice ones, and the comments generally are nice…but some of them are not. I get some real crazy stuff since I am a divorce lawyer “doing the devil’s work” (among other things they say). My website guy tried a few paid Facebook videos he spruced up with a graphic and some text. I still get crazy, mean, ugly posts on those for whatever reason. I let the negative reactions reach a critical mass and then, if the comments are centered on a particular theme, I post one thing to address them all. Otherwise, I think of a really clever, snarky reply in my head…and do nothing with it. But for the nice ones, I interact as much as possible but try hard not to cross the line to awkward.

“My goal is to educate the general public, but I, of course, have to ensure I am presenting information in an appropriate manner. I highly encourage everyone to read the Advertising Review Rules prior to disseminating information online. The rules can be found at texasbar.com.” – Tycha Kimbrough

Bustos: Since I am a solo attorney, it is difficult to respond to every direct message and inquiry for services. There are many times that I am personally unable to monitor our page interactions in real time. If that is the case, another member of my team will respond per our firm’s policy and procedure manual. We have developed scripts that can be adapted to fit different situations. It’s a constantly evolving model, and we make improvements as our audience’s needs arise.

Kimbrough: I respond to all comments and posts that are made on my firm’s social media pages. When someone takes time out of their schedule to interact with my firm, I want him/her to know they are valued, and I respond as soon as possible. Fortunately, I receive positive comments in response to my posts, but if you ever encounter negative and unwelcomed interactions and choose to respond, be sure to be professional, as required by the Texas Disciplinary Rules of Professional Conduct. 5. Do you have a firm (or practitioner) website? If so, how do you compare your use of social media to a firm website or attorney webpage? Do you try to redirect people to your website or “meet them where they are” on the social media platform?

Bell: I have a website, sure, but to me it is there to legitimize my practice and for people to do research on me after they find me via social media. I think you should start with social, direct them to your website without being obnoxious, and then have your phone number real big on the website so that they will call you. The goal for me is to get people on the phone so that I can convert them into a new client (or send them to another lawyer who would be the right fit for them).

Bustos: Yes, we do have a firm website that serves as the anchor to all of our firm’s online marketing efforts. If someone finds me or my firm on social media, they’re also directed to my website. Once at my website, people can learn more about the firm and schedule an appointment to learn more about their case.

Sometimes, people will directly message us through our social media websites to ask us for legal advice. We are very careful not to post or give legal advice in any capacity. Instead, we let potential clients know we can discuss their questions with them after they have scheduled an initial consultation and we have performed a conflict check. So far, our audience has been receptive to this response.

Kimbrough: Yes, Kimbrough Legal has an innovative website (KimbroughLegal.com) that is user friendly. I highly recommend that all firms create websites to build their brands and connect with the public. Visitors are able to learn more about my firm, schedule consultations, send the firm a quick note, and clients are able to log in to their client portals. I do not redirect people from social media to my website. Visitors are able to message my firm using social media, and I generally respond to all messages within 24 hours.

6. Have you encountered any lawyer ethics issues in your use of social media, for example, client privacy issues or advertising restrictions in the Texas Disciplinary Rules of Professional Conduct? If so, what advice do you have in approaching those issues? Bell: Not yet. Bustos: We are mindful of the Texas Disciplinary Rules of Professional Conduct in posting or making content. If you find yourself unknowingly in violation of those rules, make changes as soon as possible to comply with the rules.

Kimbrough: I have not encountered any lawyer ethics issues in my use of social media nor my website. Prior to disseminating information on my website, I obtained approval from the State Bar’s Advertising Review Department to ensure that I am complying with the advertising rules. I also ensure that my social media posts follow the advertising and ethics rules. My goal is to educate the general public, but I, of course, have to ensure I am presenting information in an appropriate manner. I highly encourage everyone to read the Advertising Review Rules prior to disseminating information online. The rules can be found at texasbar.com.

7. What advice do you have for a lawyer or firm looking to improve their use of social media? What works well (or does not work well) and what pitfalls should be avoided?

Bell: I think the key to social media is to show your authentic self. You catch people’s attention by being a real person, not a polished lawyer robot—they get that on TV commercials. Add some of your unique flavor/ humor/background/tics to your posts. Your target audience should feel like they know you a little bit after watching one of your videos or reading one of your posts. Flat, boring legal-speak might work if someone is researching a particular area of the law, but that will not develop loyalty or interest in you specifically. Let some of the flaws show. None of my videos are perfect—I say “um” and flub and have little asides. But, I leave those “whoopsies” in on purpose. I think it makes me seem more authentic and less rehearsed. If you watch one of them, you will know that I did not spend all day rehearsing lines to get it “just right.” I hope the feel is, instead, that I am just a person, who happens to be a lawyer, doing my best to help people navigate the tumultuous waters of divorce and custody disputes while adding some levity and poignancy to lighten the load.

Bustos: Set a schedule for posts and try to find a way to automate it. The first month of posts took several hours to plan and find our voice. It can be overwhelming to the point of discouragement. Once we found our rhythm, however, we were able to streamline the process so my team’s total time takes less than five hours a month. I’m also finding that my firm’s marketing costs decline each month.

Kimbrough: I advise lawyers and firms who are looking to improve their use of social media to (1) plan the content they intend to post; (2) be authentic in posts, ensure the posts reflect the lawyers’ and/or firms’ values; and (3) have fun, do not be afraid to share memes AUSTINLAWYER or videos on your social media pages.

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