Twittering

Landing a Summer Public Interest Legal Job: hotsexyskippy@yahoo.com is not an appropriate email address to have on your résumé. LOL.

PSLawNet, offering job search advice over Twitter.

Alexander Macgillivray

Bad day for the Internet…. Having been there, I can imagine the dissension @Google to search being warped this way.

– Alex Macgillivray, General Counsel at Twitter, commenting via Twitter about Google’s recent plan to alter search results based on users’ Google+ networks. Macgillivray used to be in-house counsel at Google. Corporate Counsel analyzed his comments yesterday.

Morning Docket: 12.29.11

I know why the caged bird tweets.

* Here’s a nice round-up of some of the most controversial laws that will be enacted in 2012. Looks like California is going to have some fabulously multicultural litigation. [Associated Press]

* What do you get when you cross an artist with a penchant for Rastafarians with the son of a Boies Schiller name partner? The biggest copyright fair use appeal ever. [New York Times]

* A Massachusetts town paid Phoebe Prince’s family only $225K to settle. With lawyer’s fees, it’s almost not even worth suing if your kid gets bullied to death. [ABC News]

* Everyone is going cuckoo over Iowa’s conservatives, even the Eighth Circuit. Iowa Law’s former dean is facing a political discrimination suit. [WSJ Law Blog]

* Apparently, this PhoneDog Twitter account case is a pretty big deal in the world of social media law. I’ll turn discussion of this issue over to our social media expert, Brian Tannebaum. [CNN]

* An employee at a presumably small law firm in New York had her jaw shattered while a thief ransacked the office. Give this woman a bonus. Hell, give her a raise, too. [New York Post]

* How many of these suggested New Year’s resolutions should the members of the Supreme Court consider following? Eight out of ten resolutions wouldn’t be too shabby. [Huffington Post]

* Like a virgin, detained for the very first time: thanks to this court order, Egypt will be forced to come out of the dark ages and ban virginity tests for female detainees and military prisoners. [CNN]

* Oh, hell no. Judge Jed Rakoff issued an order 78 seconds after the Second Circuit decided to delay the SEC’s Citigroup case. His pimp hand is strong (which is impressive!). [WSJ Law Blog]

* As an attorney, you should know that the law stops for no one, not even Santa Claus. Major deals in Asian markets kept many Biglawyers working hard this holiday season. [Am Law Daily]

* Social media subpoena fail: “Haha. Boston PD submitted to Twitter for my information. Lololol? For what? Posting info pulled from public domains? #comeatmebro” [Boston Herald]

* 2011 didn’t bring us a white Christmas, but New Yorkers are still pissed about the Great Blizzard of 2010. The trapped A-train passengers have finally brought suit against the MTA. [New York Post]

* A former stripper is suing a police officer for allegedly stealing money from her purse. This girl fit $714 in dollar bills in a small, Coach bag? That’s actually a real accomplishment. [ABC News]

* It’s been seven hours and fifteen sixteen days, since you took your love away. Nothing compares to a Vegas wedding, because Sinead O’Connor’s marriage is already over. [Los Angeles Times]

Non-Sequiturs: 12.19.11

* Someone figured out exactly what’s on every nerdy lawyer’s holiday wish list: an iPhone app for PACER. Get it while it’s hot — it’s free! [iTunes App Store]

* The First Amendment will always reign supreme, even if people are harassing religious old ladies on the Twitter. [Underdog]

* Legalizing same-sex marriage is like eating your vegetables. You might not like it, but it’s good for your health. [Jezebel]

* This is quite possibly the worst “bitch owed me money” story ever. What kind of a person sets a grandma on fire? In an elevator? [TIME]

* Thanks to technological innovations, friending people online might soon carry more meaning than friending them in real life. [What About Clients?]

* Go ahead, get up and tweet about the location of DUI checkpoints. Just make sure you take those 12 steps back to your seat when you’re done. [Legal Blog Watch]

* My birthday is on Wednesday. If you want to give me a present, you can vote for Above the Law in the ABA Journal’s Blawg 100, under the “News” category. [ABA Journal]

Morning Docket: 12.14.11

* Apparently Gloria Allred will only take male clients if they’re controversial enough to keep her in the limelight. She’s representing the alleged sex abuse victims in a suit against Syracuse and basketball coach Jim Boeheim. [CNN]

* Law School Transparency breaks it down for the guy who believes that the “apocalyptic” views of the legal market are “overblown.” Of course, that guy just so happens to be a Cooley Law dean. How convenient. [The Careerist]

* Pleasure you want. Protection you trust. Unfortunately, DLA Piper blew its load all over the FTC’s antitrust probe of Trojan condoms. [Blog of Legal Times]

* Nanny state alert: texting while driving is already illegal in a majority of states, but what about talking while driving? Be prepared, because the NTSB says that’s a big no-no. [Bloomberg]

* You can blame Canada for this one. In February, the world will see the first ever moot court competition play out on Twitter. #noseriously [West Coast Environmental Law]

Sorry to disappoint the snake-oil salesmen, but in this small post I will buck the trend, and debunk the fallacy of non-practicing lawyers who write books about social media for lawyers. Here, today my friends, I will tell you everything you need to know about the complicated and scary topic of: how to talk to people on the internet like a normal person.

Facebook

If you think Facebook is code for “high school,” you’re correct. But if you live in the same town you went to high school, why not connect with your loser friends who have some mid-level job? They need lawyers. Yes, as part of reconnecting with your past you’ll experience the joy of seeing that girl you wanted to date has moved to some small crap town and married Jim, who’s prematurely bald but “an awesome husband,” but so what?

Do not post every single picture you take of your kids, dogs, in-laws with your kids, kids with your dogs, the 189 pictures of your vacation, or “fake” complain about the first class service on some airline. You’re practicing law, not creating a family scrapbook.

Do not have a Facebook fan page for your law firm. No one should ever be a fan of a law firm. You are not a “rock star” and even if you were, rock stars do not ask people to be their fans. It just happens with good music. Asking people to be your “fan” may also violate your state bar ethics rules, if that kind of nuisance interests you — you know, ethics rules….

double red triangle arrows Continue reading “The Practice: The Definitive (All You Need To Know) Guide (This Is It) To Social Media For Lawyers”

As we mentioned in yesterday’s Non-Sequiturs, congressional hearings for the proposed Stop Online Piracy Act began yesterday. People are really not happy about the bill.

Google’s CEO called SOPA, as the bill is known for short, “draconian.”

Time’s Techland blog ran the headline this morning, “SOPA Won’t Stop Online Piracy, Would Censor Everyone Else.”

What is going on here, and why is everyone freaking out? Let’s find out….

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New ATL columnist Brian Tannebaum.

So, looks like I’m going to hang out here for a little while writing weekly about small-firm and solo law practice issues. I’m as shocked as you are that I was asked to type over here – as I actually practice law, in a suit, in an office, with other humans, with a desk, and have real live clients who actually need legal services. I’ve done so for 17 years.

I’m also not the law review type. I wrote one sentence of a law review article in law school and threw it in the garbage. Since that day, no client has asked about my law review experience or cared when they were sitting next to me in a courtroom, so save your writing critique. To those who pay for advice from lawyers practicing 17 months, stop reading now. I can’t predict the future as it pertains to the practice of law, as the people doing that around the internet are mostly unfamiliar with the practice of law, and I can’t tell you how to be rich and famous via Twitter or a Facebook Fan Page.

Not to further disappoint, but I’m not here to play to the pajama-wearing, Starbucks-dwelling, sell-documents-and-pretend-I’m-a-lawyer-and-insist-this-is-how-all-law-will-be-practiced collection of lawyers. And to the resident cheetos-eating basement-dwelling “my law school sucks” whining anonymous commenting crowd here, start typing now – it will help drown out the possibility of you actually learning something….

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Four months ago, you revised your company’s policy on employees’ use of social media. The policy said all the right things: When employees use social media, they should respect the rights of others and treat people with dignity; obey the company’s code of business conduct; maintain corporate confidences; and so on.

Unbelievably, some recent communications from the National Labor Relations Board suggest that each of those provisions (except for the “and so on”) could actually cause your company some labor pains. Why?

Here’s the easy part: The National Labor Relations Act protects employees who engage in “concerted activities” for the employees’ “mutual aid or protection.” Those words apply across the workforce and are not limited to unionized employees. An employee acting solely on his or her own behalf is not engaging in “concerted activities.” On the other hand, consider an individual employee who is working with (or on the authority of) other employees, or is trying to induce a group of employees to act, or is bringing group complaints to the attention of management. The NLRA may protect all of those activities, and an employer may violate the NLRA if it maintains a rule that could reasonably “chill employees in the exercise of their” rights.

What does that mean for the three examples suggested in the opening paragraph of this post?

double red triangle arrows Continue reading “Inside Straight: Why Your Four-Month-Old Social Media Policy Is Obsolete”

On July 28, I asked for readers to share their tips for success on Twitter. Several readers and social media experts have weighed in on this topic. Apparently, the way to garner a loyal (and numerous) Twitter following is the same way you make friends: build relationships, communicate and engage one another, and share information and unique insights.

Yes, Twitter is like high school, except that anyone can be a cool kid. So, if you want to be a Twar (read: Twitter star), use the following tips….

double red triangle arrows Continue reading “Size Matters: Make New Tweeps, But Keep The Old”

Morning Docket: 08.16.11

Mon dieu, je déteste mon propriétaire.

* Led by Cleary and Wachtell, five Biglaw firms were involved in the $12.5B Google/Motorola deal. Talk about a total prestige orgy. [Am Law Daily]

* Casey Anthony will be appealing her check fraud probation order in Florida. WHERE’S THE JUSTICE FOR THAT GIRL’S CHECKING ACCOUNT!!?!? [CNN]

* Those pushing for a law school at Indiana Tech admit the state doesn’t need another law school, but “another kind.” The kind that doesn’t exist, amirite? [Chesterton Tribune]

* Your pets don’t need millions from your estate after you go to the big dog park in the sky. But if you feel so inclined, Fifi will probably use the money to dye her hair back. Pink is so not her color. [Reuters]

* For some young lawyers in Nevada, passing the bar is easier than getting a job. Meh, I guess I should’ve considered moving to Nevada. [Fox News]

* Lawyers in Texas are excited about a Twitter Brief Competition. All filings should be under 140 characters. Just imagine: @Appellant Ur lawyer sucks, ttyl #affirm [Tex Parte Blog / Texas Lawyer]

I always assumed that my youth (or quasi-youth) would guarantee me superstar status in connection with social media. I am not sure why I thought this, because my first foray into Facebook was a bit of a disaster. I was quite late to the party, joining years after I realized that everyone was doing it. To compensate, I went on a mad dash to accumulate as many friends as possible. I sent out friend requests to people that I had barely known, mistreated, been mistreated by and would not acknowledge if I saw them on the street. I would also accept anyone’s friend request. I recall that about a month after I joined, a man with no common friends sent me a request. His name was “Summertime,” he had no last name, and his picture was him without a shirt and holding what appeared to be an ax. I gladly accepted his request. Looking back, I shudder to think what a social media expert would have concluded was my personal brand based on viewing my profile.

Years later, when I became @ValerieLKatz, I forgot my Facebook failure and assumed that I would be a Twitter phenomenon. I believed, as with Facebook, that the only thing that mattered was to have a lot of tweeps.

So how do you get the tweeps, I wondered?

double red triangle arrows Continue reading “Size Matters: I Need A Hero”

There’s not much I can add to this Weinergate thing that hasn’t already been covered on these pages and everywhere else. Congressman Anthony Weiner has said that he’s not going to resign over the scandal that he tweeted various body parts to women other than his wife. I believe that he will have to resign, although not because of the tweeting, but because of the lying about it afterward. (Previously, he claimed that his social-media accounts had been hacked. He then admitted that that wasn’t strictly true. Or even a little bit true. He also conceded that the dog had actually not eaten his homework.)

This online imbroglio has made many wonder why he would even consider posting compromising photos and language on Twitter. Or for that matter, why he would even be on Twitter in the first place. Or why anyone would be.

Lawyers in particular often have trouble understanding why they should be on Twitter. Even my esteemed colleague Mark Herrmann has “proved” that Twitter doesn’t work. Well, I’ve got news for people who doubt that they should be tweeting:

Many of them probably shouldn’t be.

In fact, I’ve tried to identify the types of people (in addition to shirtless politicians in various degrees of arousal) who should stay away from Twitter. Here, then, are five people who should never tweet….

double red triangle arrows Continue reading “Small Firms, Big Lawyers: Five People Who Should Never Tweet”

Non-Sequiturs: 05.31.11

Rachel Brand

* High-powered litigatrices on the move: Rachel Brand and Kate Comerford Todd, two fabulous members of The Elect, are joining the National Chamber Litigation Center — where they will contribute to the Chamber’s impressive track record of litigating against excessive regulation. [The BLT: The Blog of Legal Times]

* Was it Anthony Weiner’s wiener that went out over Twitter? The congressman isn’t saying. [Daily Caller via Instapundit]

* Professor Sasha Volokh floats the intriguing idea of prison vouchers: “What would the world look like if, instead of assigning prisoners to particular prisons bureaucratically, we gave them vouchers, good for one incarceration, that they were required to redeem at a participating prison?” [Volokh Conspiracy]

* Dance protests aren’t allowed at the Jefferson Memorial, but might they be coming to Apple stores? [TaxProf Blog]

* An update on “don’t ask, don’t tell” developments. [Metro Weekly]

* This should be interesting: disgraced ex-judge Sol Wachtler tells all. [92YTribeca]

* A moving Memorial Day edition of Blawg Review. [Securing Innovation via Blawg Review]

On the other side of the pond, the principles of the First Amendment often take second place to the right to privacy. Britain, for example, has a smashing little thing called a “superinjunction,” which citizens can get from a court to keep the media from writing stories about them. They also have regular injunctions, which people — usually rich people, since injunctive relief can be expensive — can get to keep their names out of scandalous scoops. This results in lots of tabloid stories that read like Gawker’s blind items, or simply don’t run at all.

A married soccer player (for Manchester United, in case you care — though you probably don’t) got himself one of the latter, when the Big Brother star/model he was balling told him she was selling her story to the press. Unfortunately for him, a Twitter user crusading against muzzling the press with superinjunctions somehow got his tweepy hands on the information and published the rumor about the player’s adulterous scoring, along with a bunch of other supposedly superinjuncted gossip.

It caused an uproar in Britain initially, but the fire died down fairly quickly — until the soccer player’s lawyers decided to give it some more fuel….

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A tipster asked: “How is giving a potential future employer your Twitter ID a good idea?” Well, what if you’re getting free food?

The massive law firm of Skadden Arps is doing a fun little recruitment event at NYU Law School, during finals. They’re feeding the masses! New Yorkers have an affinity for eating food that is sold out of a truck because… well, only civilized people live with millions of strangers right on top of each other, on a rock infested with roaches and mice.

So, yeah, throwing pizza and hungry NYU students from a moving vehicle makes a lot of sense from a New York state of mind.

But would you be willing to give Skadden your Twitter handle? For a slice of pizza?

Let’s look at the promotional flier…

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Many state and local courts do have cameras in the courtroom (unlike most of their federal counterparts), but other forms of technology are still frequently verboten. Some courts prohibit cellphones, laptops, and, in the traffic court I once attended, reading the newspaper.

Yet slowly, with much weeping and gnashing of teeth, some enlightened folks in Massachusetts are introducing a local court to the joys of web cams and unnecessarily detailed twitter posts.

Spurred on by a large grant from the James S. and James L. Knight Foundation, the OpenCourt Project officially began on Monday at the Quincy District Court.

Seriously though, OpenCourt is pretty cool. How does it work?

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Ed. note: This is the latest installment of Inside Straight, Above the Law’s column for in-house counsel, written by Mark Herrmann.

I understand using blogging as a form of business development for lawyers. I did it when I was in private practice. It produced the sorts of returns you might expect from the endeavor. And it makes sense that it might work: If you crank out basically a short article every day on one particular substantive area of law (and the piece is worth reading), you’ll develop an audience (and a reputation) over time, and that may yield opportunities.

But Twitter?

You can’t exactly prove your expertise in 140 characters. You can’t prove that you can write with clarity or grace. And you can’t even summarize information on the web to which you’re linking. All you can really prove is that you follow a topic and aggregate an interesting collection of stuff; you recommend things that you believe are worth reading. If you’re aggregating the good stuff in a particular field, then your followers should be clicking through your links to read what you’ve recommended.

So that’s today’s question: Are they? Do people click through and read information that someone recommends on Twitter?

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Ed. note: This is the latest installment of Small Firms, Big Lawyers, one of Above the Law’s new columns for small-firm lawyers.

When 1,500 lawyers gathered at this week’s ABA TechShow in Chicago, an interesting thing happened:

The business card died.

When these lawyers weren’t listening to the dozens of cutting-edge seminars or browsing the exhibitors’ booths, they were making new friends and new professional connections. But instead of exchanging business cards, many of the attendees were trading Twitter handles — their online identities that begin with the @ symbol. (I’m @jayshep.) Massachusetts lawyer Gabriel Cheong (@gabrielcheong) told me that by the end of the conference, he had collected exactly zero business cards. (I immediately gave him one of mine. #irony) Instead of accumulating two-by-three-and-a-half-inch scraps of cardstock, he typed their Twitter names directly into his iPhone. (And I doubt anyone actually said, “Uh, I’m not on the Twitter.”) Molly McDonough (@Molly_McDonough), online editor at the ABA Journal, tweeted at the end of the conference: “For first time, I didn’t collect any biz cards at #abatechshow. Just made note of names and followed on Twitter.” Others retweeted (quoted) her tweet with approval.

So does this mean it’s time for small-firm lawyers to learn how to tweet?

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