May 29, 2015 nº 1,631 - Vol. 13
 

"Bigamy is the only crime where two rites make a wrong."

  Bob Hope

In today's Law Firm Marketing, 14 important functions of a competent marketing program

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• Top News

Supreme Court rules on bankruptcy courts' authority

The US Supreme Court ruled Tuesday in Wellness International Network Ltd. v. Sharif that bankruptcy judges have the power to make final judgments in certain legal disputes. In so ruling the Supreme Court reversed and remanded an appellate court decision finding that the bankruptcy court did not have the required constitutional authority to decide whether certain property belonged to the bankruptcy estate because the dispute also involved state laws. Justice Sonia Sotomayor delivered the majority opinion, which was joined by four justices, with Justice Samuel Alito joining in part, while Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas dissented. The 6-3 ruling declared that if all involved parties consent, then the country's nearly 1,000 bankruptcy judges can make final decisions on legal issues that arise in bankruptcy cases.

Uber broadens rider privacy policy, asks for new permissions

Uber Technologies Inc.'s new privacy policy released Thursday is shorter, easier to read and more expansive than before. The car booking company now more clearly tells its customers it can pretty much track everything they do while using the Uber app, after facing criticism over privacy, especially its use of a tool called God View enabling the company to know where its riders were at any given moment. Uber last November hired the law firm Hogan Lovells to respond to the criticism and conduct a review of the privacy policies. The law firm advised Uber to improve disclosures, training and employee accountability. But the law firm concluded that Uber didn't need to improve how it handled sensitive rider information within the company, a central concern of critics, Harriet Pearson, a partner at Hogan Lovells in Washington, said. Data about riders "actually wasn't an issue. They had already addressed that at the time of our review," Pearson said. Instead, the firm said Uber needed to make sure it was clearer and more transparent, rather than significantly altering its existing policies. The new privacy policy is clear: Uber can track you when you're using the Uber app. The company can read text messages you send to drivers, follow your location as you ride in an Uber and store your address book on its servers. Customers can find the policy on the app and the company's website.

Law is the least diverse profession in the nation. And lawyers aren't doing enough to change that.

From the outside, the legal profession seems to be growing ever more diverse. Three women are now on the Supreme Court. Loretta Lynch is the second African American to hold the position of attorney general. The president and first lady are lawyers of color. Yet according to Bureau of Labor statistics, law is one of the least racially diverse professions in the nation. Eighty-eight percent of lawyers are white. Other careers do better — 81 percent of architects and engineers are white; 78 percent of accountants are white; and 72 percent of physicians and surgeons are white. The legal profession supplies presidents, governors, lawmakers, judges, prosecutors, general counsels, and heads of corporate, government, nonprofit and legal organizations. Its membership needs to be as inclusive as the populations it serves. Part of the problem is a lack of consensus that there is a significant problem.

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• MiMIC Journal

China executes teacher for abuse

China's top court said it has executed a primary school teacher found guilty of raping or sexually abusing 26 girls. Li Jishun had committed the crimes between 2011 and 2012 while teaching at a village school in Gansu province. He preyed on pupils aged 4 to 11 who were "young and timid", according to a statement by the Supreme People's Court reported by local media. It said there have been more than 7,000 child sex abuse cases in recent years and that the trend is on the rise.

Chinese nationals accused of taking SATs for others

The US Department of Justice has charged 15 Chinese nationals with developing a scheme to have imposters take university entrance exams. Prosecutors said suspects used fake passports to trick administrators into allowing people other than legitimate test takers to sit the exams. The scheme took place between 2011 and 2015 mostly in western Pennsylvania, authorities said. Those charged could face up to 20 years in prison if convicted.

• Law Firm Marketing

14 important functions of a competent marketing program
By Trey Ryder

If you want to evaluate your own marketing effort -- or if you're looking for effective ways to market your services in an ultra-competitive marketplace -- here are 14 points to consider about any marketing program:

1. Does your marketing program attract genuine prospects? Your marketing message should attract calls not from tire kickers, but from genuine prospects who want solutions to their legal problems. The most effective way to attract inquiries from genuine prospects is to offer educational materials that identify and explain your prospects' problems and the solutions you can provide.

2. Does your marketing program increase referrals? Your message should educate your former clients and colleagues so they clearly understand the services you offer and how you can help prospects they send your way. If you don't keep referral sources up to date on your activities and services, they may start referring to other lawyers who openly invite referrals.

3. Does your marketing program cement loyalty? Loyalty results from value delivered over time. The more you educate former clients, current clients, prospects and colleagues, the higher they perceive your value -- and the more likely they are to return for services and refer their friends and associates.

4. Does your marketing program build your image as an authority? A competent marketing program should turn the spotlight on you so clients, prospects and referral sources respect you for your knowledge. The most effective way to demonstrate your knowledge is by marketing with education through media publicity, articles, seminars, newsletters and websites.

5. Does your marketing program screen out prospects you don't care to represent? Any marketing program can make your phone ring, but attracting calls from more and more prospects can translate into a big waste of time if you have to spend hours (or days!) screening calls. The more information you offer in your marketing message -- both in printed materials and on your website -- the more you help prospects see whether they are candidates for your services.

To be an effective screening tool, your marketing message should offer information about your law practice that explains your services, fees, the types of clients you serve, and geographic boundaries, if any. The more information you provide, the more prospects know when they do and do not fit the profile of the clients you want to serve. In most cases, if they do not fit your profile, they will not call you, which makes your marketing program much more efficient.

6. Does your marketing program establish urgency so prospects act now, rather than later? Long ago, salespeople learned that the way to get a prospect to act was to apply sales pressure. But when you market with education, you don't need such disgusting methods. Instead, you simply educate your prospect so he understands what he gains by acting now -- and what he may lose if he chooses to delay.

The most effective ways to establish urgency are to (1) describe a case history of someone similar to your prospect who decided not to act and the terrible consequences that resulted, and (2) describe a case history of a client like your prospect who followed your recommendations and achieved the result he wanted. In most cases, one compelling example of each should provide the urgency your prospect needs to make a decision.

7. Does your marketing program build the highest level of credibility as quickly as possible? The fastest way to build trust is to use education-based marketing to (1) explain your prospect's problem in terms he can understand, (2) recommend the solution that best suits his needs, (3) describe other clients you have helped in similar circumstances, and (4) provide testimonials and letters from clients and colleagues who attest to your high level of knowledge, skill, and experience. The fastest way to destroy your credibility is to act like a salesperson and try to sell your services. (Some bar associations do not allow the use of testimonials, so make sure you check your rules of professional conduct).

8. Does your marketing program spell out important differences between you and competing lawyers? Prospects don't hire you because you're the same as other lawyers. They hire you because you're different. Make sure your marketing program emphasizes how you differ from other attorneys in ways that prospects believe are important.

9. Does your marketing program emphasize the value you bring to clients so the value/price equation always tips in your favor? The value/price equation says: Prospects will hire your services -- and clients will continue to use your services -- as long as they believe that the value they receive from you is (1) greater than the price they pay, and (2) greater than the value they would receive from another lawyer for the same fee. In most cases, unless both of these conditions are met, you'll lose clients.

10. Does your marketing program generate interactions with prospects so you can begin a meaningful dialogue? Your prospect may trust you -- and know how you can help him -- but unless the two of you interact, your prospect will never hire you. You can interact by e-mail, phone, or letter -- at a seminar, over lunch or on the golf course. The way you interact isn't important as long as it leads to a discussion of your prospect's problems and the solutions you can provide. Interaction does not happen by accident; it happens by design. Make sure you design your marketing program so you generate interactions with prospects.

11. Does your marketing program gain your prospect's commitment to begin working on his behalf? You can have discussions until the cows come home, but unless your prospect hires you, you've probably wasted your time. A competent marketing program should move your prospect closer and closer to retaining your services. The most effective way to gain your prospect's commitment is to make sure he knows what he gains by hiring you -- and what he loses if he doesn't.

12. Does your marketing program reach prospects during the first stage of the decision-making process? If you are the fifth lawyer your prospect calls, you can assume he isn't a desirable prospect -- or that he is not inclined to make a decision in your lifetime. You're in a strong marketing position when your prospect calls you before he calls other lawyers.

The first stage of the decision-making process is to gather information. When you offer educational articles that help prospects understand their problems, you reach prospects early, often before they call other lawyers.

13. Does your marketing program answer all the questions your prospect might ask? Many people think FAQs (frequently asked questions) first came to life on websites. But savvy marketers have used FAQs for decades. The more questions you answer in your printed marketing materials and on your website, the less time you spend answering the routine, generic questions nearly every prospect asks.

14. Does your marketing program generate specific responses that you can count? If your marketing program does not attract direct responses from prospects, how can you tell if your marketing effort works? An education-based marketing program allows you to count the number of prospects who respond -- and the number who go on to become clients. That's the only kind of marketing program that makes sense.

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© Trey Ryder
FREE LAWYER MARKETING ALERT: If you'd like to receive Trey Ryder's weekly Lawyer Marketing Alert, send an e-mail to [email protected]. Write "Subscribe LMA" in the subject line and write your name and e-mail address in the body of the message.

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• Historia Verdadera

Banco – Cuba

La CAF, el banco de desarrollo de América Latina, quiere desembarcar en Cuba, convirtiéndose en el primer prestamista multilateral en la isla, que está buscando inversión extranjera y créditos tras una mejora de sus relaciones con Estados Unidos.

Mercosur

Los cancilleres de los países miembros del Mercosur que negocian un acuerdo comercial con la Unión Europea se reunirán en junio con la comisaria de comercio del bloque, Cecilia Malmstrom, para "evaluar" el estado de la negociación y "discutir los próximos pasos".

Telecomunicaciones

Axtel firmó un convenio con Telefónica México por medio del cual ambas partes dan por terminadas disputas relacionadas con servicios de interconexión para el periodo 2005 – 2011, además de un acuerdo comercial de infraestructura de telecomunicaciones. Dicho arreglo en el tema de interconexión, se suma a los que había acordado previamente con Telmex, Telcel y Iusacell.

Gas

El presidente de Venezuela, Nicolás Maduro, alcanzó un acuerdo con la petrolera rusa Rosneft para hacer inversiones por unos US$ 14,000 mlls en proyectos de petróleo y gas en los próximos años.

• Brief News

'Aggressive' tax avoidance scheme uncovered

Anderson Group, one of the UK recruitment industry's most high-profile companies, is promoting an "aggressive" tax avoidance scheme which experts are calling "abusive". The scheme works by exploiting the government's Employment Allowance. The scam could deprive the Treasury of tens of millions of pounds of National Insurance payments. Anderson Group says that all of its services are fully compliant with UK tax laws.

Top FIFA officials charged with corruption

US prosecutors on Wednesday charged 14 top FIFA officials with offenses including racketeering, money laundering and bribery, alleging that the men used partnerships with sports marketing executives to solicit more than $150 million in bribes and kickbacks to support various sites of FIFA World Cup events.

France passes new law forbidding food waste

France is cracking down on food waste with unprecedented determination. A new law has been passed in the country that will ban grocery stores from throwing away unsold food. If it's still safe to eat, the food must be donated to charity; if not, it goes to farmers for use as animal feed or compost. This unprecedented step will force all large supermarkets to donate unsold food to charities or farmers. Supermarkets will no longer be allowed to destroy unsold food intentionally in order to prevent people from eating it. There are many people who forage for food in Dumpsters behind stores, wanting to take advantage of the perfectly edible food that gets thrown away on a daily basis; and yet some stores retaliate, either by locking the bins or pouring bleach into them as a deterrent.

Myanmar refuses sole blame for Asia migrant crisis

Myanmar has refused to be singled out for blame for the Asia migrant crisis at a conference of the regional grouping Asean in Bangkok. Delegates said the situation was at an alarming level. Representatives of the US and UN are also at the meeting. Thousands of people have fled Bangladesh and Myanmar by boat, heading south to Thailand, Indonesia and Malaysia. The UN estimates about 2,600 migrants are still stranded out at sea.

Brazil Lower House approves end to re-election with wide margin

Brazil's lower house of Congress, responding to calls for changes in the political system, approved a constitutional amendment that would end re-election for the president, governors and mayors. The measure passed Wednesday with 452 votes in favor and 19 against. It will be voted on again by the lower house before going to the Senate, where it would need to be approved twice in order to become law. The executive officials can currently serve two successive four-year terms. The measure forms part of a package of electoral changes Congress is voting on this week, including campaign finance rules. The measures' supporters argue that re-election allows incumbents to use the machinery of office to support their campaigns, and distracts them from governing in election years, according to the lower house news agency.

Most-wanted German Nazi 'unfit for trial'

Former SS lieutenant Gerhard Sommer, at the top of a most-wanted list of Nazis, has been declared unfit for trial by prosecutors in Germany. They said he had severe dementia. Sommer, 93, was one of 10 ex-Nazi officers found guilty in absentia in Italy of one of the country's worst civilian wartime massacres.

Putin declares Russian troop deaths in peacetime a secret

Putin has signed a decree to make losses of Russian troops in peacetime a secret. The amendment bans information about the deaths of Russian forces "during special operations" in peacetime. The Kremlin has consistently denied sending regular troops and armour to help rebels in eastern Ukraine.

MEPs in new EU-US trade controversy over courts

Euro MPs have called for transparent and public handling of trade disputes with the US, but they have softened their stance on much-criticized commercial courts. The MEP panel's report on EU-US free trade talks - called the TTIP talks - goes before the full European Parliament for a vote on 10 June. A major European consumer group, BEUC, criticized the report, as did Green and socialist MEPs. MEPs can veto an EU-US trade deal. The stakes are high in TTIP - it could create the world's biggest free trade zone, giving a much-needed boost to business on both sides of the Atlantic.

EU raises pressure on France over transport law after Uber complaint

European Union regulators are raising pressure on France to change a new transportation law aimed at protecting traditional taxis against companies such as Uber Technologies Inc., a move that could help the car-hailing app in its battles with national governments across the region. The European Commission, the EU's executive arm, sent a letter to the French government earlier this month outlining concerns with the French law, kicking off a process that could lead to formal charges against France for infringing EU law.

Latin Americans open their own Fifa enquiries

Brazil's federal police has begun investigations into possible Fifa corruption in the country. Justice Minister Eduardo Cardozo said they were looking at possible tax evasion and money laundering within Brazil. Costa Rica has opened an enquiry into US accusations against Eduardo Li, head of Costa Rica's football association. In Argentina, a judge has issued warrants for three local businessmen wanted by the US. Dilma Rousseff said football in her country "will only benefit" from the US corruption investigation of Fifa and other top officials of the sport.

Supreme Court rules on Wartime Suspension of Limitations Act

The US Supreme Court ruled unanimously Tuesday in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter that the Wartime Suspension of Limitations Act (WSLA) applies only to criminal offenses, and that its first-to-file bars claims related to others already filed only as long as the related claims are alive. The WSLA suspends "the running of any statute of limitations applicable to any offense" involving fraud against the federal government at times of war.

Madagascar parliament votes to impeach president

Madagascar's Parliament voted on Tuesday to remove President Hery Rajaonarimampianina from office for failing to deliver on promises. The parliament also alleged Rajaonarimampianina has violated the constitution, lacks respect for the government, and that he did not rule out the possibility of dissolving parliament.

Germany sued by EU for lax airport-security monitoring

The European Union took Germany to court for alleged shortcomings in overseeing anti-terrorism controls at airports. The European Commission filed a lawsuit at the EU Court of Justice over German breaches of 2008 legislation that established minimum requirements for security at airports and on planes. In aligning national standards for screening passengers and bags, deploying air marshals and inspecting aircraft, the European law also required each EU government to draw up a program to check the quality of civil-aviation security. Germany has failed "to regularly monitor all aviation-security measures at some German airports," according to the commission, the 28-nation EU's executive arm in Brussels. Without identifying the airports, the commission said its inspections showed Germany doesn't comply with "the minimum frequency and the scope of controls required" under the EU law.

Federal appeals court upholds injunction against immigration initiatives

The US Court of Appeals for the Fifth Circuit ruled Tuesday that the injunction against President Barack Obama's recent executive action on immigration should remain in effect pending appeal. Many of the initiatives, which would have provided relief from deportation to more than 4 million undocumented immigrants, were set to begin this month. Instead, in February, Judge Andrew Hanen of the US District Court for the Southern District of Texas granted an injunction to a Texas-led 26-state coalition, determining that difficulty of enforcement was no excuse to shirk the requirements of the law. The Obama administration appealed the ruling, and separately requested that the injunction be removed while the appeal is pending.

• Daily Press Review

UN and Myanmar spar over Rohingya at migrant talks
Al Jazeera, Doha, Qatar

Israel offers concessions in bid ?to avert vote to oust it from FIFA
Haaretz, Liberal daily, Tel Aviv, Israel

Embattled Fifa votes on presidency
BBC News, Centrist newscaster, London, England

Chinese astronaut asks U.S. to open space station
CNN International, London, England

Mark Wright and Michelle Keegan's boyband wedding entertainment Blue 'pulled out a week before the nuptials' after Lee Ryan filed for bankruptcy
Daily Mail, Conservative daily, London, England

Kate Humble praises middle classes for supporting producers in supermarket battle
Daily Mail, Conservative daily, London, England

Watch: Volcano erupts on Japanese island
EuroNews, International news, Ecully Cedex, France

FIFA votes on Blatter presidency amid corruption scandal
France 24, Issy-les-Moulineaux, France

The limits of social engineering in Turkey
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Woman meets man wearing her dead brother's face after groundbreaking transplant
Independent The, London, England

Major Ukrainian TV provider drops Russian channels
Moscow News The, Independent, Moscow, Russia

Fifa corruption scandal live: Greg Dyke says England would consider pulling out of World Cup if Sepp Blatter is re-elected
Telegraph The, Conservative daily, London, England

Britain's Got Talent, semi-final 4, review: the year of the outsider continues as a singing dad reduces Cowell to tears
Telegraph The, Celebrity news, London, England

Gov't prepares to deal with MERS outbreak
China Post, English-language daily, Taipei, Taiwan

Seoul Must Be Told of Bio-Warfare Training on Its Soil
Chosun Ilbo, Conservative daily, Seoul, South Korea

Japanese island to be evacuated after volcano erupts
Hindustan Times, New Delhi, India

Dikshant Parade of Chandukhedi's Sashastra Seema Bal held in Bhopal
India Times, Conservative daily, New Delhi, India

Volcano erupts without warning on Kuchinoerabu Island; evacuation underway
Japan Times, Independent centrist, Tokyo, Japan

Volcano erupts in southern Japan, spewing ash high into sky
New Zealand Herald, Conservative daily, Auckland, New Zealand

Ukraine President cancels trip over protests in eastern Ukraine
Straits Times, Pro-government, Singapore

Beat the post holiday blues
Sydney Morning Herald, Centrist daily, Sydney, Australia

Italy quarter one GDP grows 0.3 per cent
The Economic Times, Business, Mumbai, India

Sepp Blatter seeks another term as FIFA leader despite emerging scandal
Canadian Broadcasting Centre, Toronto, Ontario

Myanmar refuses to discuss its role in migrant crisis
Globe and Mail The, Centrist daily, Toronto, Canada

Liberty Reserve Brought Down By 'Joe Bogus': How The Feds Arrested Arthur Budovsky
International Business Times, Business news organization, New York, U.S

ACP Aims to Make Voice of the Moral Majority Count in the Global Arena
IPS Latin America, International cooperative of journalists, Rome, Italy

China stocks halt plunge, Asia wary but advances
Reuters, Business News, New York, U.S

Malaysia bars second Hong Kong democracy activist
Reuters, World News, New York, U.S

New Ontario law bans breeding and sale of orcas
Toronto Star, Toronto, Ontario

Buhari to assume Nigeria presidency
BBC News, Centrist newscaster, London, England

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