Androvett Legal Media and Marketing
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Androvett Blog

by Androvett Legal Media & Marketing at 10:00:00 am

clientuploads/_photos/rafferty_headshot_web.jpgWhat’s the best thing about your job?

I work with smart people, and every day is different because we work with a variety of lawyers and law firms. No two projects are alike because every firm has different practice areas and cultures, which makes it fun. Our challenge is to identify what makes each firm special and parlay that into something that can be branded and communicated to the desired target audience(s).

How have you seen the legal profession change in the 20+ years you’ve been working with lawyers and law firms?

I worked for Texas Lawyer newspaper in the early 90s when few firms were advertising, and those that did ran “tombstone” ads only. Eventually, law firms evolved and began full-blown branding campaigns, especially in print publications. That was about the time when this thing called the Internet came about and changed everything. The fax machine, annual reports and printed tombstone cards were replaced by email, websites, video and online/digital marketing. Law firms began to realize that a website is both a virtual lobby and the most important item in their marketing tool belt. Today, firms have multiple blogs, microsites for various practice areas, and social media initiatives to communicate with various audiences.

What do you wish most lawyers knew about advertising?

Advertising is most effective when you can define your primary target audience, focus on one core message, and repeat that message over and over again. Don’t try to fill the ad space with too much information or it will become a cluttered mess that no one wants to read. You have only a couple of seconds to capture a reader’s attention before they turn the page. Ask yourself the crucial question: What is the one thing you want the reader to know?

What’s the most important thing lawyers and law firms need to know about the Advertising Review process?

There are many ways for attorneys to disseminate information about their legal services that fall outside the filing requirements established by the State Bar of Texas and its Advertising Review Committee. While some communications are exempt from filing, one must always comply with the attorney advertising rules. All attorney communications are covered under R. 7.02. The related rules prohibit false, misleading and deceptive statements regardless of whether the communication is being made to the public or lawyer-to-lawyer. It’s really all about the content rather than the tools used to disseminate the information (print, digital, online). Remember, the rules do not emphasize the means by which attorneys spread the word about their legal services, regardless of whether it is via an electronic or non-electronic avenue. The rules operate to protect the public.

What is something most people don’t know about you?

I am a member of the State Bar’s Advertising Review Committee. In my free time, I enjoy coaching and I’m a sucker when it comes to watching football and baseball games, especially youth teams. Sometimes, I’ll stop by a field and watch teams play even when my own kids aren’t involved.

by Robert Tharp at 3:15:00 pm

Popular comedian and top-rated iTunes podcaster Adam Carolla is going on the offensive to defend himself in a suit filed against him in the U.S. District Court for the Eastern District of Texas by so-called patent troll Personal Audio Inc. The company claims Carolla is infringing its patent for podcasting technology. But Carolla says he will not settle, and he’s calling on crowd funding to raise money for his defense.

Writes Inside Counsel

James Logan, founder of PersonalAudio, claims he has never made a podcast, but has helped create the medium of podcasting in 1996 – and he has the patents to prove it. According to USA Today, in a legal battle, PersonalAudio is suing comedian Carolla's ACE Broadcasting, two other podcasters and networks Fox, CBS and NBC, claiming they are infringing on his intellectual property. According to The Economist, PersonalAudio once owned a patent on customized cassette tapes with current news. It updated that patent in 2009 to cover any serialized podcast that can be downloaded from a specific URL.

Before the trial begins in September, Carolla is raising money for legal fees against patent trolls. According to Carolla, he needs $1.5 million to face PersonalAudio in an East Texas courtroom that has been favored by patent litigants. So far, Carolla has pulled in just over $370,000 on the Fundanything.com, including a $20,000 donation from e-commerce giant Amazon.

“Carolla argues that Personal Audio is not a legitimate patent owner enforcing its ‘technology ownership rights’ but rather an entity formed for no redeeming industry purpose with no intention to ever manufacture or market the patented invention,” says intellectual property attorney William Munck of Dallas’ Munck Wilson Mandala. “Carolla’s argument strikes a nerve because what he argues Personal Audio is doing feels un-American. The U.S. patent system is broken. The Patent and Trademark Office issues too many fundamentally flawed patents that years later place tremendous financial burdens on U.S. businesses defending against cost-of-defense patent trolls.”