Early on in my blogging I wrote a post looking at whether you should upgrade from various versions of Office. I see people have been reading that post a lot lately, which suggests to me people are really looking for something about whether they should upgrade to Office 2013.

I have been using Office 2013 for a little while now, so, given the interest, I am ready to share my thoughts on upgrading and the new suite in general.

It is Not Necessary to Upgrade to 2013, but it is a Nice Program

I won’t hide the lead from you, if you have Office 2007 or 2010, there is no need to upgrade to 2013. I upgraded not because I felt the need to do so, but because I recently switched to Office 365 for Business. Office 365 is Microsoft’s cloud based service.  It includes all of the Office 2013 suite, as well as other features, depending on what you buy. But just because there is no need to upgrade doesn’t mean you shouldn’t consider doing so all the same.

Cost

Your mileage may vary in terms of cost.  Looking at Amazon, Office 2013 costs $139.99 for Home and Student ($98.98 with key card,) Home and Business is $219.99 ($169.98 with key card,) and $399 for Professional ($275.98 with key card.) The cheapest cost on Office 365 is  between $99 and $150 per year, but includes use on 5 devices and full use of the online apps.

Office 365

It is necessary for me to mention Office 365 in this review, because it is clear that Microsoft programmed Office 2013 with this service in mind.  Microsoft wants us to move to the cloud, and why shouldn’t it? Pay $9.99 to $15.00 per month, and now instead of buying the Office suite just once, we are paying at a minimum, $99 per year per person for it.  In addition, many people hang on to old versions of Office, I know plenty of people still using Office 2003, and Microsoft probably wants to push people to newer versions of the software more rapidly. There are benefits to Office 365, and I will write about them in a separate post, but you can certainly see where Microsoft is coming from in terms of attempting to improve its bottom line.

Office 2013 is Very Clean Looking

What I like about Office 2013 is it is probably the cleanest version of Office that I have seen, well, ever. I also think that in this version of Office, Microsoft made some solid changes that might make it worth the upgrade to some. It is clear that Microsoft went for an uncluttered design. In some cases it works very well. In other cases you have to go hunting for tools that you are used to finding in a specific place. Luckily, most things can be fixed, since you can adjust the ribbon. Others just take getting used to.

Use on Tablets

The Microsoft Surface and other tablets and touchscreen laptops are capable of running the full Office 2013 suite, and this software works very well on those devices. For tablets not capable of running Office, Microsoft has Office Web Apps.

If you have been wanting to use Word, Powerpoint and Excel on your tablet, instead of some inferior tablet app, Office 2013 combined with Office 365 and Office Apps is the answer for you. This is a solid reason to upgrade, since I, personally have not found one app that is even close to Office for use when I am working on my tablet. I know there are a lot of good apps, but none of them did it for me. Especially for Powerpoint. The full version of the Office Apps work very well, and I am happy to have something I can really use on my iPad.

Touchscreen Specific Changes

Office 2013 allows for the ability to use gestures on your touch screen and puts in a good on-screen keyboard. Word is very readable, and contains a new design that allows for flipping the document from side-to-side instead of up and down. Very tablet friendly.

Outlook 2013

Until I sat down to write this post, I didn’t consciously notice how many changes Microsoft put in Outlook 2013.  What I did notice is that I liked how it was organized. It immediately seemed very intuitive to me. When I looked more closely, I suddenly realized why I felt this way.  The new Outlook is more functional in terms of jumping around to different features. By this I mean you don’t have to click quite so much to do things. For example, you can reply from the reading pane without actually opening an email. Moving around between contacts, calendar and tasks is also much quicker.

One specific example, is that searching for people, which used to require jumping back and forth between screens, is now easily accomplished.  If I am in my calendar and want to search for a person I hover my mouse over contact and up pops a box allowing me to search.  (Click the image for a larger size.) I really like the new Outlook.

Word 2013

What I like about the new Word is some of the features Microsoft added in terms of working with PDFs along with images and videos. Interestingly, I switched from Office 2010 to 2013 in the middle of writing a document that has a lot of screen shots. The difference in working with the images in Word 2010 and 2013 was pretty extreme. I didn’t have any problems moving images around in 2013.  Previously, I found working with images in Word pretty frustrating.

Powerpoint 2013

I like to make simple presentations that get my point across. I do not like to spend a lot of time struggling with how my final presentation will look, and so I rarely adjusted colors or played around with the various options. There is a reason the majority of my presentations were black and white. I found 2007 and 2010 serviceable, but in terms of design options, pretty annoying. I find 2013 easier due to the addition of a new formatting pane, SmartGuides and a better color tool. I prefer this new Powerpoint.

Excel 2013

I almost never use Excel, so I am not really in a position to tell you much about it, except it got the same makeover as the rest of the software. Also, Excel has added tools to make it easier to enter, analyze and present data. A new feature called Flash Fill detects patterns and attempts to auto-complete empty fields.

Use Across Devices

Microsoft has made it very easy to work with documents stored in the cloud and on various devices.  SkyDrive is an option right from the beginning, but you can easily add other tools such as DropBox or Spideroak as quickly accessible locations from within Office 2013. I was easily able to open and work on a powerpoint on my laptop, continue work on my iPad, and then finish up on my desktop without any difficulty or struggling to find the documents I wanted to edit. I used Office 2013 on my laptop and desktop, and Office Apps on my iPad. No formatting issues, no problems. It was wonderful. If you are wondering what the Web Apps look like, check out the screen shot of the Powerpoint Web App. (Click to make it viewable.)

Want More Detail?

I am not going to give you a very detailed review, because there are a lot of reviews available pretty much everywhere you look.  You get the sense of what I think already. If you want more details, here are some reviews that I thought were very good:

• PCPro – Microsoft Office 2013 Review
• PCWorld – Review: Microsoft Office 2013 features new look, prices
• CNN Money – Microsoft Office 2012 review: Nice upgrades, but save your cash

 The Bottom Line

• If you are still using Office 2003, it is time to upgrade.  You are going to face way too many compatibility problems with your documents. Spend the money now.
• If you are using 2007 or 2010 you certainly don’t need to upgrade, but if you want something that works well on tablets (capable of running it) and has greater ease of use (especially compared to 2007) consider spending the cash.
• If you want full access to Office Apps and plan on having Office 2013 on several computers, consider Office 365 for seamless work on documents no matter whether you are using a tablet, desktop, laptop or something in between.

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I have posted previously about the wireless security system I set up a while back and then brought with me when I moved. The system has continued to grow nicely with my needs. There was an item lacking however, a camera.

I thought about a number of options. I considered just getting a full security system, but I really don’t want to install something in a place I will only be living for a year or so. Next I thought about going with Verizon’s monitoring system, but the reviews were really bad. Also, the various pieces of equipment are quite expensive, and I just wanted a camera or two. So I decided to look around a bit and see what I could find. After some research, I settled on the Foscam Model FI8910W

The Foscam

I decided on the Foscam based on a combination of factors. First, it had very good reviews on Amazon. Second, it had a reasonable price, around $65. Third, the reviews discussed how easy it was to set up. Fourth, it can work with several cameras. In addition, it has night vision, tilt and pan, can be controlled remotely, and has a number of other features I wanted.

Set Up

I actually got the camera this evening. It took me about 60 minutes to set it up. The bulk of that time involved getting it to email me pictures when the motion and sound alarms set it off. The process for the basic set up is quite easy. It was made easier by the fact that I didn’t need to set it up wirelessly, which I note some people had issues with. In my case, I plugged it right into my router, which happens to be near where I wanted it located. However, I ran through the wireless set up, and it was easy.

Basic Process

In the box you will find:

• Camera
• Stand
• Plug
• Cable
• Antenna
• CD

The stand is if you want to hang up the camera Otherwise, just plug everything in, it is pretty straight forward.

Copy the correct file for your operating system onto your computer, and run it. The directions, which are short, take you through the process. Once you have set the camera to work while wired to your router, you can set it up to work wirelessly.

Email Issues

I set my camera up to email me photos when it detects motion or sound. This was my biggest problem. Apparently neither gmail nor Office 365 wanted to send out the emails. Well, finally I have a use for my Verizon email account. Once I plugged in the Verizon settings, everything worked just fine. So if you run into a failure with your Foscam when you try to send email, it might be that you need to use your Internet Provider’s account instead of something else.

Control from Phone

You can control your camera from your phone when you are out of the house. To do so, you will either need a static IP address or will need to set up port forwarding. The manual gives good instructions on both processes.

FTP Pictures

You can set up your camera to upload pictures via FTP. Again, the process is relatively straight forward. You will, of course, need somewhere to upload the photos to.

I am already getting a lot of emails from my camera, so clearly I need to work out the sensitivity issue when I am home. I have a feeling I will be getting a lot of emails containing pictures of my dog and cats running around. That’s ok, it might be funny to see what they actually do all day.

At any rate, now on the off chance, anyone should decide it is a good idea to break into my house, in addition to showing the cops nice pictures of my pets, I will have a lovely, clear picture of the bad guy(s).

The post Setting up a Security Camera appeared first on Jennifer Ellis, JD.

The post I wrote about requiring notification if you are recording someone gets a lot of attention. I have received several calls about it since I wrote the post back in 2011, normally from people seeking clarification or advice.

Last night I got a call from a reporter in Luzerne, which apparently is having yet another scandal. I can only assume they must be bored in Luzerne, with all the legal scandals they endure. Regardless, I am an attorney, so I am always happy when the press contacts me. What can I say?

In this case, the County Comptroller is accused of violating Pennsylvania’s wiretap laws.  He allegedly recorded some meetings and phone calls with various people. The reporter, Michael R. Sisak, wanted me to explain a bit about how and why Pennsylvania law is different from the law in most other states. His article, Pa. One of 12 states to require permission before recording conversations, does a good job of discussing the issues. It was clear to me that he had done his research before we spoke.

What is the Law in Pennsylvania?

Very simply put, in Pennsylvania, you must tell people if you are recording them when they have a reasonable expectation of privacy. This is called a two-party notification requirement. One place you pretty much always have a reasonable expectation of privacy is when you are on the telephone. Of course there are exceptions, there almost always are, but for the most part, if you plan on recording someone on the phone here in Pennsylvania, you need to tell him.  The same holds true for recording any private conversation; in a home, in a car, and in many other places, there is a reasonable expectation of privacy and you must tell someone before you record him in those types of locations. There is a reason that companies tell  you you might be recorded when you call customer service. They are trying to obey the two party notification requirements in states like Pennsylvania.

What States have Two Party Notification?

There are currently 12 states considered to have two party notification, though there is some debate about the exact nature of the law in a few states. The 12 states are:

• California
• Connecticut
• Florida
• Hawaii (with some caveats)
• Illinois (with some caveats)
• Maryland
• Massachusetts
• Montana
• Nevada
• New Hampshire
• Pennsylvania
• Washington

If you are in one of these states, and you desire to record another person, do yourself a favor, tell him.  If you violate the law you can find yourself in very, very serious trouble. Personally, I think it is always wise to tell people you are recording them. Keeps people on the up-and-up.

In other states only one person needs to know about the recording. This is to, as I noted in the article, prevent random third parties from recording private conversations.

Ignorance of the Law is No Excuse

I mentioned to Mr. Sisak that one of the issues with having so many different laws is that people often don’t know when they are violating them. That is not because I believe different states shouldn’t have the right to pass different laws, but it is an acknowledgement that this kind of differentiation can be very confusing. After all, if I drive in Pennsylvania, I can pick up my cell phone and use it. In New Jersey, I cannot do so. If I were unaware of this, I could end up with a very pricy ticket. One might argue, therefore, it is unfair to penalize someone because he doesn’t know the law.  But that isn’t how our system works.  It is our job to know the law before we do something foolish. That would include recording a private phone conversation.

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If you are one of those law firms who suffered from a so-called SEO expert telling you to buy links, or get whatever links you can, no matter what, you might have found your ranking badly hurt by the changes Google has implemented over the past year or so.  The reason for this is that Google has actually started penalizing sites (either manually or algorithmically) that show signs of having purchased or engaged in other link building behavior it doesn’t like. Fortunately, you can fix this problem. Simply get rid of the bad backlinks (links to your site from other sites.) There are two ways to get rid of the links. Ask the web master of the site or use the disavow links tool.

What if the Website Owner Won’t Cooperate?

Your first step should always be to communicate with the website owner and ask him or her to remove the links.  If the person refuses to cooperate, your next step is to use the Google disavow links too.  This tool essentially tells Google, we don’t want these links, please don’t calculate our SEO based on the fact they link to our site.

Here is how it works.

Claim Google Webmaster Tools

If you haven’t already done so, you need to set up Google’s webmaster tools for your website.  If you haven’t done so go to the Google Webmaster tools site and sign up. Then just add your site. You will need to take a couple of steps to connect your site to the tools.

Go to Disavow Links

Make sure you are signed in to your tools. The go to the Disavow links.

Upload the Links

Identify the links you want to remove. You probably have already done that. But if not, look at your links in the webmaster tools. Next, create a plain text document, and put a statement with # at the top explaining why you are disavowing the links. Google wants to know that you tried to contact the folks first.  Then you will put one link per line on your document.  It will look like this.

#contacted webmaster no response
www.shadyseolink.com
www.disasterseolink.com

When you are done, save the document as a .txt file.  Then upload it.  Do not try to make this file in Word or similar word processor. Use something like NotePad, a free program included with Windows.

That’s it.  If you want to disavow more links in the future, you can just edit the same document and re-upload it. Or you can download the document from Google and edit it.

Be Careful What you Disavow

If you disavow good links, you will hurt the ranking of your website.  Also, remember, give people a chance first. Always ask the webhost to remove the link and give a reasonable amount of time for a response.  If the person wants to keep the link, you can always ask for a nofollow link instead. This prevents Google from calculating the link in your SEO rank.

Keep in mind, you won’t make many friends if you just randomly start disavowing links and it is possible Google might penalize people who over use the tool.  Disavow links is a tool that should be used appropriately. However, by using it, you can help your SEO if it has been harmed by bad backlinks.

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I have been using Office 365 for my email since it was called BPOS, so for about 2 years now.  This month I decided to go from my $4 per month hosted email solution to the full Small Business Plan.

The Business plan is $12.50 per month, or $150 if you pay it all at once.  $15 if you  go month-to-month. The service includes the following:

1. Hosted exchange email with 25gigs of space
2. Desktop versions of all Office 2013 software for up to 5 computers
3. 7 gigs of online file sharing for SkyDrive (I don’t use this)
4. Web conferencing
5. A public website hosting space (I am not using this now. Maybe I will though when my hosting package is up)
6. Office mobile apps – allows full editing of documents
7. 99% uptime

So, I guess I have completed my trip to the cloud. Let’s see how it goes.

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I am not one of the chosen few who  got to shell out $1500 for Google Glass. In part, this is because I did not apply to be one of the chosen few.  That said, I am as curious as the  next person about how the device works, so I was happy to come across this video from TechCrunch.

I thought that Drew did a nice job showing the Glass, and I agree, it is too soon for this to be a consumer device.  Smart Phones live or die by their app stores, and I don’t see Glass being any different. As more apps come along, Glass will become more useful, and more people will be willing to buy it.  The price will need to come down substantially, of course. Perhaps cell phone providers will get into the deal so they can be connected directly to the network instead of having to be connected through your phone.  Perhaps, Glass will, in time, actually become a phone. Such a device would be markedly more useful.

I do think Google Glass is a game changer, because I think it will be capable of many things.  The whole issue of prescription glasses will definitely need to be worked out. I also have some concerns about distracted driving, but no more than when people look at their cell phones. Actually, I bet you can drive more safely with these than while trying to text with a phone, but I wouldn’t want to see people trying to read the news and drive, and you know they would.

In addition, I of course have privacy concerns. I don’t believe Google is concerned about our privacy, I think it wants all the data it can get on us so it can be used for marketing.  Even if you don’t mind that use, then you have to remember, well the data is stored, and with a subpoena, Google would have to give it to the government in a criminal investigation, for example.  Of course, I doubt Glass tracks us much more than the phones we carry in our pockets right now. We also have the issue of surreptitious video and audio recording as well as pictures, and the eventual face recognition software we can expect to be paired.  As a result, those who don’t have Google Glass will still have to worry about the integrity of those who do. Even though the video capability will be somewhat limited by battery power, for now, this is still a major problem.

As far as the people using the device, who knows, maybe Glass in some ways would be less obtrusive than the phones we are constantly staring at right now. Or at least people could pretend they are actually paying attention to us.

Anyway, I liked the video, it was well done and gave me the best sense of what Google Glass does that I have seen.

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When I moved, I needed to find a new bank. I decided to give a small, local bank my business and am happy with my decision. One of the reasons I chose the bank is because it had an app that would allow me to deposit checks remotely.

Setting Up the Connection to Use the App

I had to go through an approval process to get the application set up. This amounted to completing a brief online form, setting up a username and password, and waiting for approval. I completed the application in the evening and had approval the following morning. This is from my bank. Your mileage may vary.

Using the App to Deposit Checks

Once the connection between the service and my bank account was set, I had to follow these steps to deposit my first checks:

1. Install the app on phone and/or tablet
2. Log in
3. Click deposit
4. Enter the amount of the check
5. Take a picture of the front of the check, click submit
6. Take a picture of the back of the check, click submit
7. Wait for confirmation
8. Move on to the next check
9. If the app cannot recognize the check, it provides a message reading  try again

My Experience Using the App

Most of the checks were easy to deposit. The issue I ran into the first time I used the app is that many business checks are physically larger than regular personal checks.  I was worried that the software wouldn’t be able to see the checks and had a bit of trouble framing them. The largest check (in terms of size) I had to do twice because it cut off, but the rest were fine. A regular personal check is very easy.

Now that I have been using the app for several months, I am used to how to take the pictures, and generally can frame the picture correctly the first time.

Reviewing the Deposit

The app has a review option which retains pictures of the checks and shows that the deposit was accepted. The picture of each check remains for a while, I think until final approval and confirmation that there are no issues with the check.

The bank recommends I hold onto the checks for a few days, but the money is generally available in my account the same or next business day.

Extraordinary, really, to think I can just take a picture of a check and deposit it.

The post Modern Banking: Depositing Checks by Smart Phone appeared first on Jennifer Ellis, JD.

I breath a sigh of relief today, because for several years I have been telling lawyers it is fine to research a juror on social media. I didn’t pull this idea out of my….mind, I had some logical basis for it, but all the same, I am always pleased to have a bar association back me up, and the NYCBA has done so.  The Bar addressed several issues relating to juror research and social media, and they all support the idea of using social media to research jurors, as long as the lawyer does not communicate with the juror, and reports any misconduct she sees.

The Opinion

In Formal Opinion 2012-2 “Jury Research and Social Media,” the Bar looks at several issues.

• “Ex parte attorney communication with prospective jurors” is not ok. This doesn’t change, and so it is important to remember not to communicate with jurors.
• Researching Jurors using Social Media is fine. Just don’t communicate with members or prospective members of the Jury.
• The communication does not need to be intentional to violate the rule. It “prohibits all communication.”
• “A request or notification transmitted through a social media service may constitute a communication.” This means it is crucial that lawyers understand what happens when they research or act on social media. For example, on LinkedIn it might inform the juror that you looked at his profile. On Facebook friending will cause a communication to go to the juror.
• Attorneys “may use search engines and social media services to research potential sitting jurors without violating the Rules.”
• While the Committee repeatedly says attorneys must avoid communication, it specifically states that it, “takes no position on whether…inadvertent communication would in fact be a violation of the Rules.” So again, attorneys and their staff must make certain they understand what will happen as they are conducting their research.
• The attorney must be cautious not to engage in any deception while researching Jury members via social media.
• An attorney cannot cause a third party to do something he may not do.
• It is fine to research sitting jurors on social media and the web. Again, the opinion stresses that even inadvertent communication at this stage could cause a mistrial, and so attorneys must understand what they are doing.
• If an attorney or his staff notes improper juror conduct on social media, he must report it to the court. So, if a juror posts about the case, the attorney needs to report it.
• It is ok to communicate with a juror after the case has been concluded, assuming the attorney obeys all other related rules.

What Does this Mean for Jury Research?

Well, it seems to me it is pretty straight forward.

• Attorneys and their staff must understand social media and how it works before they attempt to research jurors on social media.
• Attorneys and their staff must avoid all communication, even inadvertent communication, with jurors while engaging in research
• Attorneys and their staff must be honest if they do communicate with jurors after the trial is complete
• Attorneys must report any misconduct they discover while engaging in jury research

So, folks, have at it. You will likely find very useful information to help with your voir dire, and you might even discover misconduct. Just make sure you know what you are doing first.

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One of the cool things about Google is that you can search not only for words, but for images.  Now Google has added another neat tool, upload or link to an image and Google will search for images that are similar or even the same.

For example, recently someone on Facebook asked his friends to identify an insect. He had taken a snapshot of it. I grabbed the picture and then uploaded it to Google. Google then searched that image for similarities. The results were mixed, which tells me that this feature isn’t perfect yet, but it was definitely useful.  For example, when I linked Google to a picture of my dog eating an ice cream cone the results I obtained included:

• Ice cream
• Dogs
• Similarly colored items (such as tan shoes)

Protect the Copyright of your Picture

A serious problem photographers have online is policing their copyright. It is very easy to download an image and then upload it to the web. Most of the time, unless someone stumbles across the theft, you would never know someone had stolen your picture. Well, now Google will run a search for you.  If you find your image online you can then write a take down notice to the person who took your picture. (A take down notice is a letter or email informing a copyright violator to remove the item that is infringing on your copyright. In this case, your picture.)

Identify the Contents of a Picture

The image search enables you to show Google an image and have Google search the web for that item. So, if I upload a picture of a dog, when I am not certain of the breed, Google might well be able to tell me the breed of dog. See the search I conducted below to see what happens when image search is working well.

Here is How You Search by Image

1. Go to Google Image Search and Click on the Camera

2. Locate an image
3. Either use the link or upload the image to Google

4. I used a cute picture of a corgi, and pasted the link into the image search.
5. Here are the results.

• Google identified that the picture is a Welsh Corgi
• Provided me with links to relevant information
• Found the same and similar pictures

As you can see, it is easy to use the new image search.  This is both a technique to figure out what a picture is showing, as well as to find out if someone has stolen your image.  Pretty cool, Google.

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I can always tell the next trend in law firm marketing by the phone calls and emails I receive from salespeople.  Fortunately, I always seem to be ahead of  the trend, so I am never surprised when the calls start. But sometimes, the people calling have useful tools that will help me make my life easier.  A current trend marketers are focusing on involves online reviews.

Online Reviews are Important

Online reviews are very important. People go to the web to find as much information as possible about a product, company or law firm before they make a decision. Good reviews make an informed decision easier.  Everything I have read supports the concept that people are more likely to hire a firm that has good reviews.  You only need to look at the success of eBay to see the import of reviews online.

Finding the right lawyer is extremely difficult. So it makes sense that someone would prefer to hire a lawyer or firm with good reviews than one with no or bad reviews.  Avvo exists for this reason, after all. Adding in Yelp, Google+, and other popular sites can only help people seeking to make the right choice in legal representation.

Getting Reviews is Hard

Since I have just started focusing my attention on reviews, you won’t see many for my firm at the moment. I have plenty of very good reviews that I can put on my firm’s site, but actually getting people to take the time to log in to Yelp, or create a Google+ account, frankly, isn’t easy.  So I have been giving it a lot of thought, and have seen some success.  But I have been looking for ways to get reviews on more sites and manage the process.  As a result, when I got an email from a company offering just this service, I was intrigued.

In an initial conversation, I learned that the company offers a portal. You send the client to the portal, he writes the review, and then he can choose to share it on up to three sites at a time. Some sites allow for anonymous reviews, some sites the person has to have a username.

I like this idea, because it is a lot to ask a client to log in to Google+ to write a review, then log in to Yelp to write a review, and so on.  Many of our clients are extremely happy and are therefore willing to do this for us, but even so, I hate to ask, and I want to make the process as easy as possible. So I decided I would give the company a chance and chat with one of the salespeople.

Many Marketers Don’t Know Ethics

The fact that I am not only an attorney, but one who is known to be “overly ethical” (if such a thing is possible) is one of the reasons my lawyer clients like me. The reality is, most marketers don’t appreciate or understand attorney ethics.  And, unfortunately, there is a lot of unethical online marketing behavior going on out there. Not because the law firms mean to be unethical, but because they are relying on their consultants or marketing companies.  This is a very serious mistake. Unfortunately, it seems the issue of ethical reviews is not one that all marketers understand.

When I spoke with the review company I was informed that they tell lawyers to offer a discount on the bill or a gift card in exchange for the review. I said you cannot do that if you are a law firm. And you also have some FTC issues as well.  The person insisted that other law firms used the product and that everything was ok. I said (and I mean no offense to anyone) that a lot of lawyers do not know the marketing rules for lawyers.  The rules are complicated, they vary by state, and they can be confusing. Lawyers want to practice law. They want their consultants to know the rules. The salesperson was shocked I so viscerally reacted to his suggestion, but quickly told me that this method was not required, we could skip gift cards and discounts. I said good to know, otherwise I cannot use your service, the reviews would not be ethical.

I Checked with the Pennsylvania Bar Association Ethics Hotline

The sales person was so convinced that everything he was doing was ok, and that it must just be Pennsylvania, that I found myself wondering if I was being overly ethical. I didn’t think so. I, as you know, speak on marketing and ethics, and I always say, don’t ever pay anyone for an opinion.  We cannot do this. But I wondered, have I been wrong all this time?  I decided it would be best to check.

I emailed Victoria White at the Pennsylvania Bar Association. Victoria is an ethics attorney and is part of the ethics service that PBA provides for members.  Sure enough, Victoria was concerned about the whole concept of paying someone for a testimonial. She was also concerned about the honesty of the reviews.  I am concerned about that as well.

FTC Requirements Implicated Too

We aren’t only looking at ethical rules here, we have some FTC requirements at issue. If you provide someone something of value to review your product, the review must reveal that.

Reviews are Important – But Don’t Get Tripped Up

In most states (I would say all states but I haven’t checked) lawyers may not pay for testimonials.  This is something I see as very straightforward. And a gift card or discount on past fees in exchange for a review, is payment for a testimonial.  Therefore I will not do or allow such a thing to be done on my behalf or on the behalf of any firm with which I work.

Yes, reviews are important. Yes, reviews are hard to get. But please, be careful. Make sure you appreciate the rules (and the laws) and don’t just listen to what the marketing company tells you is ok.  As attorneys, we are responsible for our marketing. We cannot rely on the opinions of non-attorneys to tell us what is and is not ok.  Please seek out reviews, but don’t compromise your ethics or the laws in your efforts to do so.

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