Enhancing Your Firm's Web Presence
Your law firm's Web site design has remained static for years. While it may be functional, it's not generating the traffic you originally envisioned, it's not interactive and the overall design is looking a tad dated. You may also not have anyone in-house who can devote the requisite time and effort needed to make the firm's site a productive new business and practice development 24/7/365 marketing tool. <br>Many law firms still don't understand that a poorly designed Web site can damage the firm's credibility and impair its image. So what's the solution? Seek the services of a Web-crafting firm that will not just be a vendor, but a Web partner and architectural strategist.
Media & Communications Corner: <b>How To Make The Most Of A Stale News Story</b>
All marketing directors have experienced it. They receive an e-mail that describes a terrific deal closed or case "just" won by an attorney at the firm. The attorney requests a press release and a full-blown public relations push to all media outlets. But curiously, nowhere in the e-mail does the attorney mention when the big case or deal happened. As it turns out, it is because it happened more than a month ago and, since the client did its own press release immediately after the fact, every media outlet known to man covered it then. So how can a marketing director say no, without actually saying it? The dilemma is that you cannot send the release to the media again, weeks after the fact, but you don't want to tell the attorney that he or she has no options either. So here are some suggestions of how to make the most of old news.
Note From the Editor
Well we're off to another exciting year here at Marketing The Law Firm. I thought that I would give everyone a heads up on this year's "Best Of" competitions.
Employment Taxes and Stock Options
More than 2 years ago, the Internal Revenue Service published Revenue Ruling 2002-22, 2002-19 I.R.B. 849, in which it held that section 1041 of the Internal Revenue Code governed the transfer of stock options and interests in certain unfunded deferred compensation arrangements to the employee's spouse under a marital property settlement. As a result, the employee spouse was not taxable on the transfer. Instead, the spread on the options (the difference between the value of the employer 's stock at the time of exercise and the striking price) and the amount received as deferred compensation under unfunded arrangements were taxable to the nonemployee spouse in the same way and to the same extent as it would have been taxed to the employee. The ruling interpreted section 1041 to have established the rule that property transfers in divorce should be taxed as if the property conveyed were community property that had been transferred in settlement of the transferee's community property rights. As community property, stock options and interests in unfunded deferred compensation arrangements constituted "property" for section 1041 purposes, and the amounts received by the nonemployee spouse would be ordinary income to her (or him), taxable as compensation under IRC '83 and would be "wages" subject to employment taxes and withholding by the employer.
No Removal of Children Who Witness Abuse
New York's highest court, the Court of Appeals, recently issued a ground-breaking opinion, holding that a battered woman's failure to prevent her children from witnessing her own abuse does not automatically give protective agencies license to remove the child. <i>Nicholson v. Scoppetta</i>, 113, Oct. 26, 2004.
How To Empower Your Client
Most divorce clients initially feel "powerless" about the events of their lives and their potential divorce litigation. With some creativity, attorneys can encourage their clients to take affirmative steps from the onset, and permit them to feel proactive instead of reactive to the circumstances in which they find themselves. This initial interview with a client carries significant weight and sets the tone for the attorney-client relationship. Attorneys can impress a potential client with their experience in dealing with these issues and solidify the client's trust in their expertise. The creation of trust in the relationship must occur. To accomplish this goal, the attorney must listen to the potential client's facts. Depending on the circumstances, the attorney analyzes the information presented, counsels the client on what facts are important to prove the case and informs the individual how to obtain them. The "empowered client" now has a sense of direction and actually may uncover significant information that might resolve or alter the final result of the case.
Psychological Assessment: Evaluating the Evaluations
In an article scheduled for publication in the April, 2005 edition of the <i>Journal of Child Custody</i> (in press), Gould-Saltman, an experienced family law attorney, opines that attorneys like tests because they "break things down to numbers, and we understand numbers." She adds: "Tests give the sense [emphasis added] of objectivity to counterbalance the much more subjective clinical portion of a custody evaluation." In commenting on the MMPI-2 in particular, Gould-Saltman expresses the view that it is "probably the most well-liked test among lawyers because it offers 'hard numbers' rather than ephemeral concepts." If only it were this simple.
Litigation
Recent rulings of importance to you and your practice.
Leveraging Specialty Libraries
Like many firms, our law library collection and the prime real estate space it consumed at our offices in Chicago were realistic targets for cost-cutting consideration. The challenge for many law librarians has been to reduce costs while still ensuring their firms' attorneys and research staff have access to the right information they need when they need it.
