Chuck Newton

The Green Law School?

According to BuildingGreen.Com, the University of Denver College of Law houses one of the nation's top environmental and natural resource law programs, and now it has the first LEED-certified law school in the nation.  The new 210,000 square foot facility reduces environmental impact and prioritizes occupant safety. It includes a library, large lecture halls, training courtrooms, a dining hall, and faculty offices.  Below is a brief video.

The Tree Law Niche

Chiat Lynn at Art of the Odd clued me in on this niche, and she did so over Twitter no less.  I guess she wanted to see how deeply rooted I was in the niche law market, or whether I would just ignore the subject and leaf it alone, or maybe I would go ahead and o-pine on the subject.  Maybe I could just spruce up the subject a little or find a way to branch out from my existing niche.  But, I have barked on about this too long now.

Puns aside, when you think about trees you start to realize the various disputes they can cause.  After all, with ownership of anything, there can be problems.  This is no less true for such a irrepressible plant.  It is also one of those areas of law that you do not think about until you need a legal expert in the area.  Finding such an expert is probably not easy, so it lends itself well to the niche marketing practice of law.

Benny Kass with The Washington Post wrote about the typically un-thought about legal issues involving trees in 2007 in the Housing Counsel section of the paper.  He asked the question what do you do when a neighbor's tree, for example, is damaging your property?  Just as importantly, what do you do when a neighbor is damaging your tree?  What if the tree is essentially trespassing on your property, or in other words encroaching across the property line?  Most can use self-help, but to what limitations?  Do you know what the Massachusetts Rule is in regard to legal theory and law?  The Old Virginia Rule?  Do you know what Restatements of Law has to say about these issues?  The Hawaii Rule?  What is the "appropriate balance" between property owners with trees issues?

A Few Thoughts (Or Complaints) About Law Practice Sites

For some reason lawyers like to send me links and ask me what I think about their websites and blogs.  More often than not I have a few complaints.  Take them or leave them as you like, but there are just a few things that I think do not work for you the way you might hope.

1.   The Big Ass Business Card.  Do not do this.  The days are long gone where it serves your purpose to have a template website, with a picture of a building that you do not work in or a group of people that do not represent you or your staff.  Apart from possibly directions to your offices, what good is this?  It is not going to get you rankings particularly, and generally it is not helpful.  It portrays a wrong image and it offers potential clients nothing of substance.  Go with a blog.  But, whether a website or a blog your site needs to be loaded with content.  Your site needs to offer things of substance, and I mean things of that potential clients find important.

2.    If You Have A Blog Then Blog.  If you are going to spend the time and/or money developing a blog, then for goodness sake blog.  If you do not, you are not going to get noticed.  If you do get noticed, what are people to think?  It looks like you do not care or that you know nothing about your practice area or both.  I know it is time consuming and it requires some thought, but then so does any marketing.  Besides, the more information on your blog, the less time you have to spend face-to-face with your prospects as you are already transmitting vital information and you are already selling yourself and your legal services.

3.    Templates.  I mentioned this above in passing, but it is important.  Get rid of the templates.  Are you developing a law firm or are you molding your law practice around you template?  I just love to surf around the net and see the same page over and over and over again for different law firms and companies.  The blog or website does not have to be beautiful.  If fact, I would warn against it.  But, it does need to be a bit original.

4.   Legaleses.  Give me a break, please.  Can you not speak or write normally?  You write this way so you feel important or you think you are showing off.  Most people and potential clients think you are talking down to them.  It is certainly impersonal.  Who wants to hire a robot.  A blog or a website is not a legal brief.   I saw a blog site the other day that literally started out with an explanation of the law firm as (I have changed the name), "The Brand New Law Firm, LLC (hereinafter "Brand New") ..."  Try to present yourself, your law firm and your work in more of a conversational tone.  Act like you are speaking to people one to one.

5.    Family Pictures.  Unless you represent children or baby law of some kind, do not put pictures of you with your baby or children on your practice site.  The same is true for dogs and other pets.  Leave that stuff for your Facebook.  And, if you think people really want to know about your personal life, then link to your Facebook.  Look, so you are a casual person, but what does this tell anybody about your skills, your practice or how you can help them?  It does not.  It diverts from your message.  I know you are proud of your family.  So am I.  That is not why I am looking hiring you.  Besides, you and your family are just not as cute as you think you are.  The same is true for trip pictures.  I certainly do not care if you just got back from a ski vacation.

6.    Virtual Law Firm.  Running a virtual law firm is a wonderful thing -- FOR ME!  It might be a nice feature to place on your blog or website in some subtle way.  But, I do not know many people that are online looking for a virtual law firm.  They are looking for a will or a divorce or probate services or whatever.  If your overall campaign is that you are virtual, then you are not selling much to anybody.  And, the general public does not really know what that means.  They especially do not know what VLO or VLF means.  Your web or blog site needs to be devoted to your practice area, and your practice area is not based on the fact that you work at home or run a virtual law firm.  Sure it might be important that you can meet with the client over the phone or online or without a visit to your office but, as I said, that is really just a feature that supports your practice area.  It is not your practice area.

That is it for now.  I will come up with more complaints later.

Web Law Degree Graduate Beats The Bar-Tenders In Massachusetts

I am not sure I would yet feel confident in attending an online law school as opposed to a good old brick and mortar school.  Sure it is cheaper.  Sure it is more flexible and accommodating.  But, there is no guarantee that most states will let you take the bar exam and be licensed to practice and, even if there is an outside chance, who wants to go to the trouble of this guy.

This guy is Ross Mitchell of Newton, Massachusetts.  According to the Boston Herald, Mr. Mitchell graduated from Concord Law School, which is an online law school owned by the for-profit Kaplan.  He went to Concord because the cost of a three-year legal education traditionally runs $100,000.00 and online he could achieve the same thing for $38,000 and still maintain his day job as a computer consultant.

Mr. Mitchell graduated from Concord in 2004 and passed the California bar, which is no easy task.  But, he learned that he could not take the bar in Massachusetts because he did not graduate from an ABA approved law school.  He asked Massachusetts to change the rule, but the bar-tenders refused.  So, last fall he represented himself pro se in a lawsuit challenging the constitutionality of the rule.  He prevailed in a 6 to 1 decision.

Now Mr. Mitchell has apparently taken and passed the Massachusetts bar exam.

Do Not Be A Networking Jerk

I think the worse thing in the world and one of the leading impediments for lawyers actively engaging in referral based practice is the image of the networking jerk.  On the one hand, do you not just roll your eyes when you run into one of these people in your trade group or in your social networking.  On the other hand, the image of these people is inhibiting because lawyers get the impression that this is how they need to behave in order to succeed at this practice.  Certainly, we need to avoid the former and, actually, the successful referral practice does not require the latter.

You know the networking jerk, do you not?  Aggressively making the rounds of a get together, martini in hand, the free hor'douve in mouth, blaring the none to subtle elevator speech, and being a bit too gaudy in the self-promotion.  Flamboyant might be the word, but it is almost too kind.  Really, it is the act of being garish, rude, crass, coarse, and verging on bad-manners.

It does not have to be this way, and it should not be this way.  If you believe you cannot do what is necessary because you cannot be so impolite, uncultured, audacious or immodest, then you are right for this role.

It does not do anybody good to act like the proverbial used car salesman.  Watch daytime TV.  Watch the TV spots.  Do you feel compelled to act like this in public?  Do you not recognize that you act like this?  If you fall into this category, get some therapy.  Leave us all to our own misery.

I understand how this happens, and how you get to this obtuse characterization.  You feel desperate to find leads, to earn money, or to close on a client relationship.  Combine it with a little too much enthusiasm, and before long you start to sound and act like Johnny Carson's toupee wearing, loud jacket, pencil mustache, smarmy drone Art Fern character.  (Above).

I think the thing to keep in mind is that socializing is not a game and it is not a competition.  It is not a win or lose proposition.  You need to be doing it because you like the industry or group or profession which you solicit and you want to be around people who you generally like, who think like you, who are doing what you appreciate, and who, of course, can send you referrals.

Beyond this, it is my sincere opinion that the people actually best suited for referral or network marketing are those who are more reticent, a little more tight-lipped, demurred and humble.  I think the people who do best at this task are those that want to pitch in, find friendship and fellowship, and help regardless of the profitability of the work, and who are good listeners more than great talkers.

When you go to a social event, or participate in social media, I do not think you need to tout who you are and what you can do.  Mingle yes, but in conversations you are probably more comfortable  and better off just asking general questions.  First, you learn a lot of not only information but you get a good impression of people and problems they face this way.  Second, people are naturally curious and during the conversation they will ask what you do.  You do not have to force it.  When asked is the time for the natural, simple, content rich but courteous elevator speech.  If they have questions, they will ask you.  If they have a problem in which you might need help, they will raise it.  You can be unobtrusive, and they will think better of you in the process.  It is fine to say briefly that if they need your help or know of someone that does, to give you a call.  And, it is alright then to give them a business card and ask for their information because they, in reality, solicited it from you.  It is not the one visit or the meeting, it is constantly being there and being visible that matters.  How you follow up is what matters.  This is just introductions and you do not want to scare your referral sources off.  You do not want them to feel standoffish when you walk into a room.

Too often the problem is you feel compelled to be assertive and pretentious because you want to make it count.  You need work and you want to covert everyone into a client as quickly as possible.  It does not work that way.  Not every contact is a potential client, or every contact does not need your services at that time.  The better course of action is to stay involved, stay visible and stay on top of the mind in a devout but bashful way.  Do this and the work and referrals will come.  Ignore it and no amount of immediacy, no matter how dogmatic you appear, no matter how pushy you might be is going to correct the prior lack of attention.

Put yourself in position, make yourself extremely available, pursue your passion, but let them come to you.  You do not need to be a barracuda or a hustler.  You do not need to come accross as a grifter.  Learn names, be quick with a polite howdy, and leave it at that until you are invited to do more, give advise or give more information.  It works wonders.  And remember, referral based or network marketing is not about you.  It is about the referral source.  Always keep that in mind.

Texas Govenor Perry Signs UNT Law School Funding Bill Into Law

There is a meanness in Texas politics sometimes in which people fight the creation of everything that does not directly benefit them.  Children should not get free school lunches because their children do not get free lunches.  It matters little if one is rich and the one that benefits directly is poor.  And, so it has been the argument to some extent concerning the creation of a new public law school in Texas at the University of North Texas in Dallas.  Texas is in high growth mode and the seats are needed, but those that are not benefited directly by the creation of a new law school have fought it hard.

That has now ended, and now the hard work begins getting the law school up and open to meet its expected first entering class in the fall of 2011.

According to the Dallas Business Journal and other publications, Gov. Rick Perry signed into law to create and fund the UNT Law.

Do You Participate In Religious Lawyer Organizations?

I do not necessarily do ,although I have attended meetings in the distant past and I certainly do not have a problem with anybody else that does join and attend these organizations.  Although it is obvious that most lawyers do not explore this possibility you have to wonder why.  Why not feel comfortable with those that think like you in many ways?  Maybe it should be at least a casual relationship that all of us should consider.

Jewish attorneys have organizations such as the American Association of Jewish Lawyers and Jurists, the International Association of Jewish Lawyers And Jurists, and the Jewish Lawyers Guild among others.

Catholics have the American Catholic Lawyers Association, The International Catholic Lawyers Society, the Catholic Lawyers Society, and the Catholic Lawyers Guild among others.

Protestants generally have more general Christian organizations such as ChristianLawyers.Com, the Christian Legal Society, Christian Trial Lawyers Association, among others.

Muslim's have the National Association of Muslim Lawyer (NAML), the Muslim Bar Association of New York (MBANY), the Muslim Bar Association of Chicago, and the Bay Area Association of Muslim Lawyers (BAAML) among others.

After all, the practice of law and the make up of lawyers are not divorced from the concept of faith.  We trust and worship our God, although maybe in different ways and among a number of different religions.  But, we do have faith in common, or that confident belief and trust in the truth and trustworthiness of God.  Why should we not explore that more deeply?  Why should we, in our own way, not try to feel more comfortable in fellowship with those that believe as we do?

Of course I think we all have to strive better to be more tolerant of others that do not necessarily believe as we do, but there is nothing wrong with associating with others that do believe as we do.

Wilkes University To Open A New Law School

Wilkes University is a private, non-denominational university located in Wilkes-Barre, Pennsylvania.  It is a university known for its graduate programs.  For example, although the University has an undergraduate population of over 2,200, it also has a graduate student population of over 2,200.  According to the Faculty Lounge, Wilkes is going through with its plans to start a new law school.  The inaugural class of 60 full-time students and 25 part-time students is expected to be seated in 2011. Once fully operational, the school will enroll 275 to 300 full-time students and 80 to 100 part-time students.  The law school hired Loren D. Prescott from Widener Law School as its initial dean.

The Greenwashing Law Niche

There are definitely lawsuits that have been filed claiming that companies are making bogus eco-friendly statements about their products, or so-called greenwashing claims.  But, is there a niche practice to be made out of this type of claim?

My thought is yes because if nothing else there is a dedicated group of people trying to better the planet by buying green.  They rely on the claims of companies that promote their products as green.  What happens then if the product is not overly green or as green as claimed?  My thought is that lawsuits will be necessary to police opportunist of take advantage of these sensibilities. 

It is probably a legal niche in the making because it is a marketing distinction that in this hyper green market allows the attorney to stand out.  It is a subset of a wider legal market and the market niche here defines the specific product features (or lack thereof).  It differentiates itself from the services offered by broader mainstream law providers.

Greenwashing is a combination or reference of both the green movement in the world and the term whitewash, which means to gloss over or cover up vices, data or imperfections.  Greenwashing is the practice of companies disingenuously spinning their products and  policies as environmentally friendly when they are not necessarily so.  The term "green sheen" is also used to describe this type of marketing.  Greenwashing is a term coined by New York environmentalist Jay Westerveld.

Law.Com's In-House Counsel site posted an article on the rise of greenwashing lawsuits questioning everything from household cleaners to automobiles for their greenworthiness.  As cited in the article, this is probably a likely result of the exponential growth of green products.  A study by TerraChoice, an environmental marketing agency, claims that the number of "green" products has increased by 79% from 2007 to 2009.

The Green Patent Blog has a entire category covering greenwashing. 

Although it will probably not last long, a recent search by me showed that although greenwashinglaw.com is taken, the other extensions are not.  greenwashlaw.com is still available, as are all extensions for greenwashing and greenwash lawyer, attorney, law firm and litigation.  Any takers?  Act quickly?

The point is that the green movement has many very dedicated believers and supporters, many of whom have elected to spend more money on a more sustainable planet.  You have companies that want to desperately appeal to this demographic even if their products do not necessarily stand up.  As a result, you will have more than disappointed people and organizations when a marketing claim ends up being false.  Many of these people and organizations will feel compelled to do something about it.  They will turn to lawyers.

The ABA Journal just proclaimed that greenwashing disputes are becoming the hot area of false advertising law.  The Ohio Environmental Law Blog states that greenwashing is rampant.  Even Nolo has a transcript dealing with a prior podcast of greenwashing.  ClimateBiz lays out for you the sin of greenwashing.  Ralph Nader is railing against greenwashing. 

My though is that greenwashing will start to raise its legal head in the building trades as well as green claims start to outpace traditional construction in sales and price points.

Is this ground floor niche right for you?  If so, now appears the time to get in to the field.

Now This Is What I Call A Summer Internship!

The University of Virginia School of Law is considered one of the finest law school in the country.  The American Civil Liberties Union (ACLU) is derided by conservatives and embraced by liberals and libertarians alike in that it seeks to defend the individual rights and liberties of every person guaranteed by the Constitution even when those rights are unpopular.  Las Vegas is known as "sin city".  For lucky law school summer intern it now represents a very fortuitous combination.

According to On the Record, Leo Wolpert, on leave from UV Law and working as a summer intern for the ACLU in Las Vegas, pocketed $650,000 by winning a World Series of Poker event during his spare time in sin city.

Wolpert is 26-year-old and a native of Fairfax, Virginia.  He played poker professionally for a while before using his earnings to pay for law school. He said he became fascinated with law after reading a blog entry about a Fourth Amendment case.

I guess this proves the old adage that law school is a gamble.