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In today's Law Firm Marketing, 21 ways to overcome competitive weaknesses and increase your credibility.

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• Top News

SEC commissioner urges US investor-rights action

A commissioner with the US Securities and Exchange Commission is calling for Congress to take action to help investors after a 2010 Supreme Court decision greatly restricted them from suing foreign companies for fraud. The comments by Luis Aguilar, a Democratic member of the SEC, came in response to a study released by the agency earlier this week. The SEC study was conducted in response to a June 2010 Supreme Court case, Morrison v. National Australia Bank Ltd. The ruling prevented investors from filing fraud claims against companies that are not traded on a US exchange. Since that decision, the vast majority of securities fraud claims against foreign companies that had been filed in US courts have been wiped out, leaving investors with one less tool to combat potential securities fraud. Aguilar said the ruling has had a very negative impact on investor protection, and that Congress should take action so that investors can once again have their day in court. "Properly functioning financial markets require the protection of investors' rights. US investors expect to be protected by US securities laws, regardless of where the securities transaction ultimately occurs," Aguilar wrote in a response to the SEC study. "It is my view that investors should have a private right of action under the antifraud provisions of the Exchange Act in transnational securities fraud cases."

US sues Apple and publishers over e-book prices

Technology giant Apple and major book publishers are being sued by the US Department of Justice over the pricing of e-books. The US accuses Apple and Hachette, HarperCollins, Macmillan, Simon and Schuster and Penguin of colluding over the prices of e-books they sell. This lawsuit is over the firms' move to the agency model where publishers rather than sellers set prices. But Hachette, HarperCollins and Simon and Schuster have already settled. The case will proceed against Apple, Macmillan and Penguin "for conspiring to end e-book retailers' freedom to compete on price", the Justice Department said. "As a result of this alleged conspiracy, we believe that consumers paid millions of dollars more for some of the most popular titles," Attorney General Eric Holder said.

Federal appeals court rules stealing source code does not violate trade secrets law

The US Court of Appeals for the Second Cicuit on Wednesday issued an opinion holding that a former Goldman Sachs programmer did not violate a federal law prohibiting theft of trade secrets when he copied portions of the company's confidential source code. Sergey Aleynikov's conviction for violating two federal laws was overturned by the appeals court in February. In June 2009, Aleynikov uploaded 500,000 lines of confidential source code from Goldman's computer system on his last day at work. Later, he downloaded the code to his home computer and brought it to his new employer for their use. In its opinion, the court found that the transmission of intangible data does not constitute theft under the NSPA - National Stolen Property Act: "The NSPA does not criminalize the theft of intangible things. ... By uploading Goldman's proprietary source code to a computer server in Germany, Aleynikov stole purely intangible property embodied in a purely intangible format. There was no allegation that he physically seized anything tangible from Goldman. ... We decline to stretch or update statutory words of plain and ordinary meaning in order to better accommodate the digital age." Aleynikov was also acquitted under the Economic Espionage Act because the source code was not sufficiently related to the product produced by Goldman Sachs.

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• MiMIC Journal
  

SEC sues AutoChina for alleged stock manipulation

The US SEC - Securities and Exchange Commission has sued AutoChina International and 11 investors over alleged stock manipulation. They have been accused of unlawfully buying and selling shares in a bid to artificially inflate trading figures so the company could gain "favorable loan terms". AutoChina, claiming to be the country's biggest commercial vehicle sales and leasing firm, has denied the charges.

China's growth rate slows to 8.1%

China reports weaker-than-expected growth figures for the first three months of the year, hit by a slowdown in foreign sales. China has been hit by a drop in demand in key markets including the US and Europe. At the same time domestic demand has proved tough to stimulate. China's gradual slowdown is expected to continue into 2012, as consumption growth slows somewhat, investment growth decelerates more pronouncedly and external demand remains weak.

• Law Firm Marketing

21 ways to overcome competitive weaknesses and increase your credibility

by Trey Ryder

All lawyers have competitive strengths and weaknesses. If you're a new attorney, your prospects may perceive your weaknesses to be your youth, lack of experience, minimum qualifications, lack of special training, less-than-elegant office, and so forth.

If you're a veteran attorney, your weaknesses may include your narrow focus, high fee threshold, busy schedule, lack of availability, and so on.

Your competitive advantages and disadvantages (aka strengths and weaknesses) are valid only when seen through your prospect's eyes. What your prospect perceives, your prospect believes. To your prospect, his perceptions are fact.

To use a legal term, your prospect's perceptions are rebuttable presumptions because your prospect presumes certain facts are true based on the information he has. Since you can provide your prospect with as much information as you wish, you have the opportunity to change how your prospect perceives you. In essence, you can overcome competitive weaknesses by providing specific facts.

When your prospect looks at your weaknesses, he weighs them against your strengths and then decides whether to hire you. If your weaknesses outweigh your strengths, your prospect won't hire you because he doesn't believe that you can solve his problem.

Here are steps you can take -- and information you can provide -- to increase your credibility and overcome your competitive weaknesses.

1. Treat every prospect as if he's the most important person in the world. When you give your prospect your undivided attention, you build a strong relationship because your prospect knows you sincerely want to help them.

2. Ask your prospect what problem he wants to solve or what goal he wants to achieve. The sooner you focus on your prospect's needs, the sooner he trusts you -- and the sooner he concludes that the two of you are working toward a common goal.

3. Listen carefully so you can determine which points are most important to your prospect. One of the biggest complaints about lawyers is that they offer boilerplate solutions before they have listened to their prospect's problem. Even if their stories are nearly the same, prospects want to tell you their story so you appreciate the weight they carry on their shoulders.

4. Offer information about your prospect's problem and the solution you recommend. The more you educate your prospect, the more your prospect believes that you understand his problem and have the skills and qualifications to solve it.

5. Explain how your prospect will benefit from your solution. First, your prospect needs to understand the solution you recommend. Second, your prospect needs to know how he will benefit from that solution.

For example, let's say your prospect has questions about a contract. You offer to review the document. How does your prospect benefit? After you review the document, your prospect (now your client) will (1) know how the document protects his interests, and (2) know any weaknesses that should be addressed. Further, after you correct those weaknesses, your client will be less likely to face legal challenges than if he had relied only on his own judgment.

6. Give your prospect a copy of your biography because it proves that you have the education, background and qualifications to solve your prospect's problem or help him achieve his goal. Your prospect wants to trust you, but most prospects don't have much, if any, information about your education and qualifications. When you provide biographical information, your credibility increases immediately.

7. Add power to your biography with a good marketing photograph. In the photo, you should be looking directly into the camera and have a warm, engaging smile. An attractive photo -- closely cropped for strong eye contact -- serves as proof that you are kind, pleasant and friendly.

8. Tell your prospect how you have helped other clients in similar situations. Every time you explain a case history, your prospect sees that his is not the first case of this type that you have handled. The more case histories you describe that are similar to your prospect's, the more your credibility increases in his eyes.

9. Offer information and advice in plain English. Your prospect finds it hard to trust a lawyer who uses words he doesn't understand. When you talk with your prospect, speak in simple terms. The more your prospect understands, the higher your level of credibility -- and the more your prospect concludes that you know how to solve his problem.

10. Package your solution so it is attractive to your prospect. When you offer your prospect a solution he likes, you increase your credibility and make it easy for your prospect to accept your offer.

11. Allow your prospect to make his own decision without pressure from you. All of us have learned to distrust the salesperson who tries to pressure us into making a decision. To increase your credibility, tell your prospect that you will provide information and recommend the solution you believe is in his best interests. At the same time, make sure your prospect knows that you will never try to pressure him into making a decision.

12. Make sure your prospect knows that you are happy to answer his questions now and in the future. The way to build trust and respect is to keep the lines of communication open. If your prospect isn't ready to make a decision, invite your prospect to call you any time he has a question or when he is ready to move forward.

13. Show your prospect comments from clients who have provided written testimonials about you and your services. Prospects place more credibility on comments from third parties than on comments from you. To emphasize the importance of testimonials, I tell lawyers that each testimonial from a consumer client is worth $30,000 in legal fees; each testimonial from a business client is worth $50,000 in fees. (A few jurisdictions do not allow lawyers to use testimonials, so make sure you check your bar's rules of professional conduct.)

14. Show your prospect letters of recommendation from colleagues and professionals. These letters attest to the depth of your knowledge, skill, judgment and experience -- and prove that your colleagues trust you. The more letters you have, the more they persuade. (As with testimonials, check your rules of professional conduct to see if you are allowed to use letters of recommendation in your jurisdiction.)

15. Provide your prospect with a list of references. Testimonials and letters of recommendation are better than references because the comments are already on paper. Even so, references increase credibility -- and the more, the better. Include the person's name, profession, phone number and e-mail address. Often, prospects don't actually call your references. The mere fact that you list them increases your credibility.

16. Provide your prospect with copies of articles that support the depth of his problem, reinforce the solution you recommend, or both. Generic articles -- which you did not write and in which you are not quoted -- prove that the problems and solutions you discuss are true. The more respected the publication, the more credibility attaches to what you say.

17. Give your prospect copies of published articles you've written. Even if the article's subject is not directly on point, a published article proves that editors respect and trust you as a reliable source of information. Published articles build instant credibility and reinforce that you are an authority in your field of law. The more well-known and respected the publications, the more positively they reflect on you. The more articles you have, the better.

18. Give your prospect a list of results you have achieved or transactions you have completed for your clients. This serves as proof that you are good at what you do. Whatever service you offer, create a list of 10 to 20 results and describe each case or transaction in two or three sentences. You don't need to include clients' names, but the results are more believable when you do.

19. Before your first meeting, send your prospect a short letter (1) offering information about your services, (2) answering frequently asked questions, (3) discussing what takes place during your initial meeting, and (4) outlining your fees. When you put your prospect's mind at ease, he is more willing to meet with you. What's more, you can quickly get down to specifics because you don't have to explain your services to each prospect.

20. Provide your prospect with a list of your competitive advantages -- the many positive ways you differ from other lawyers. This list usually relates to the depth of your knowledge, skill, qualifications and experience.

21. Give your prospect a written schedule of services and fees. Salespeople are taught never to disclose the price until the end of their sales pitch. That's one of many ways salespeople miss the boat: By not disclosing the price, they arouse suspicion, increase skepticism, and undermine their credibility. And when salespeople finally do reveal the price, their previous stonewalling has built such a barrier between you that you don't want to do business with them at any price.

Make sure you do the opposite. Prospects trust what they see in print more than what they hear. When you talk about fees, you leave room for misunderstanding. But when you give your prospect a written schedule of services and fees, prospects grow more comfortable and you increase your credibility because prospects have your information in writing.

All lawyers have marketing strengths and weaknesses. You erase many weaknesses when you provide facts and third-party opinions that verify the depth of your knowledge, skill, judgment and experience -- and the quality of services you provide to your clients. The more of the above steps you follow, the stronger you make your marketing presentation.

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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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UN outlines Syria observer plans

The UN is hoping to send observers to Syria within the next few days to monitor a fragile ceasefire that has come into force after more than a year of violence. Syria says it will accept UN monitors. Security Council ambassadors - including Russia and China, who have vetoed previous resolutions - have all backed the idea of observers. The draft resolution calls on the Syrian government and opposition groups to comply with all aspects of Annan's peace plan, including troop withdrawals and an end to "all armed violence in all its forms". It threatens unspecified "further measures" if the Syrian government "does not implement its commitments". The right to protest is enshrined in the peace plan, drawn up by UN and Arab League envoy Kofi Annan, but the Syrian government remains very nervous about such mass gatherings and it remains to be seen how the security forces will react.

Florida gunman appears in court

George Zimmerman has been charged with second degree murder in the shooting death of unarmed Florida teenager Trayvon Martin. Zimmerman has surrendered to the Florida Department of Law Enforcement, his new lawyer, Mark O'Mara, said. Martin, 17, was killed February 26 as he returned to his father's fiancee's house in Sanford, Florida, after picking up candy and an iced tea at a nearby convenience store. Prosecutors say Zimmerman "profiled" and then "confronted" Trayvon Martin before fatally shooting him. Zimmerman, a 28-year-old neighborhood watch volunteer, says he shot Martin in self-defense. The case has drawn comments from Obama and the United Nations, led to protest marches in cities and campuses around the country, and sparked a nationwide debate about race in America and Florida's "stand your ground" law, which allows the use of deadly force by anyone who feels a reasonable threat of death or serious injury. The six weeks between Martin’s death and the announcement that Zimmerman would face charges led critics to list Martin along civil rights martyrs slain in the pursuit of racial justice. Zimmerman’s supporters have sought, in turn, to portray him as a symbol of an essential American character, the community protector who risks his own safety to help his neighbors. The news that Zimmerman would be charged came shortly after the Rev. Al Sharpton and the Martin family attorney called for the public to remain peaceful whatever the decision of the special prosecutor.

France minorities file racial profiling lawsuit

A group of minorities in France has filed a lawsuit alleging police searches are conducted on the basis of racial profiling, according to a statement made by their lawyers and the OSJI - Open Society Justice Initiative on Wednesday. The suit was filed in the Tribunal de Grande Instance de Paris and alleges that French police unfairly single out minority race individuals for searches and identification checks. A French coalition against racial profiling and SAF - Syndicat des Avocats de France, the French lawyers union, have also backed the lawsuit. Article 78-2 of the Code of Criminal Procedure in France authorizes police to request identification from any person without cause. That provision, according to OSJI, "open[s] the door for discriminatory and arbitrary application of the law." This is the first case in France alleging widespread racial profiling in government conduct.

North Korea rocket launch fails

North Korea confirms its controversial rocket launch failed, as observers report it broke up and crashed into the sea shortly after blast-off. The rocket - seen by many as a banned test of long-range missile technology - was launched from north-west North Korea early on Friday. North Korea is banned from carrying out ballistic missile launches, under UN Security Council Resolution 1874. The UN Security Council is due to meet later in the day to discuss the launch. China, North Korea's closest ally, has called for calm and restraint on the Korean peninsula.

India challenges US steel duties

India has taken the US to the WTO - World Trade Organization over import duties levied on Indian steel products. The US has imposed a duty of nearly 286% on some steel pipes, saying they had been unfairly subsidized by the government. The move comes just days after India challenged an increase in US visa fees for foreign workers. India and the US are involved in a series of disputes, raising fears that trade relations could be damaged.

World Bank candidate Ocampo calls for shake up

World Bank presidential candidate Jose Antonio Ocampo has called for a change in culture at the organization and more co-operation with other global lenders. The Colombian also said the bank had lost ground to other development banks and had not been forceful enough in pushing for fresh funding. He pointed the finger at outgoing president Robert Zoellick for the lack of capital. Currently, Ocampo is professor of professional practice in the International and Public Affairs department of Columbia University. He was nominated by Brazil with the support of the Dominican Republic.

German incest couple lose European Court case

A brother and sister from Germany who had an incestuous relationship, arguing they had the right to a family life, have lost their European court case. Patrick Stuebing and Susan Karolewski had four children together, two of whom are described as disabled. The ECHR - European Court of Human Rights said Germany was entitled to ban incest. Stuebing claimed his rights to private and family life had been violated. But the Court said the German prohibition of incest for brothers and sisters does not violate the fundamental right to protection of family life. It noted that German courts did not convict Stuebing's sister because she has a personality disorder and was "only partially liable" for her actions.

Canon law expert: Shredding list of 35 accused Phila. priests 'obstruction of justice cubed'

An expert on "canon" law angrily called it "obstruction of justice, cubed" for a Roman Catholic archbishop to have shredded a list of 35 active priests accused of molesting children. Defense lawyers for Monsignor William Lynn say he prepared such a list in 1994 based on secret archives at the Archdiocese of Philadelphia and gave it to the late Cardinal Anthony Bevilacqua. Bevilacqua ordered his top aides to destroy it, according to church documents aired in court. The Rev. Thomas Doyle, an expert on Roman Catholic law, testified at Lynn's child-endangerment trial Thursday. Lynn, 61, is the first Catholic church official in the US charged with child endangerment for allegedly failing to protect children from suspected priest-predators. Church law requires church officials to investigate the complaints, Doyle said. And the archbishop — following the teachings of Christ — should have sought out victims to offer pastoral care, he added. "He's got a list of men who are sexually abusing children, and he's going to shred it?" an incredulous Doyle asked on cross-examination from defense lawyers. His advice to Bevilacqua, a friend and fellow canon lawyer, would have been to take off his ring, robe and other clerical garb "and go and see these families." But Bevilacqua never called for that advice, he said.

Women first rule 'ignored in ship disasters'

The belief that women and children are first to be saved when ships sink is largely a myth, a new study suggests. Analysis of survivors from 18 maritime disasters shows women "have a distinct survival disadvantage." The "women and children first" rule is now seen as the normal way to behave in emergencies. The captain has the power to enforce the rule. But heir findings show that behavior in real life-or-death situations is best captured by the expression "every man for himself". The report says captains and crew have a significantly higher survival rate.

Google profits higher as it announces stock-split

Google has reported a large jump in profits and sales as it announced an effective doubling of its shares. Google's quarterly revenues also exceeded $10bn, with more than half of that coming from outside the US. The company said net income in the first quarter was $2.89bn up 60% from the same period last year. The firm will create a new class of non-voting stock and effectively split the shares two-for-one. The owner of each existing share will receive one new share of the non-voting stock.

India high court upholds right to education law

The Supreme Court of India on Thursday upheld as constitutional a right to education law that requires most schools to reserve one-quarter of its class seats for poor, underprivileged children. The ruling comes after a number of private schools and organizations, including the Society of Unaided Private Schools of Rajasthan and the Independent Schools Federation of India, challenged the RCFCE - Right of Children to Free and Compulsory Education Act, 2009 arguing it violates their autonomy and will drain their resources.

Goldman Sachs fined $22m over flaws

Goldman Sachs has been fined $22m by US regulators to settle charges that some "top clients" may have been tipped off about stocks. The SEC said that the bank lacked policies to prevent leaks from their weekly "huddles" on equity research. That sort of information includes an analyst's recommendation on whether to buy or sell stocks. As part of the deal, Goldman neither admitted nor denied the charges. The SEC has been criticized over its continued use of settlements where banks do not admit liability in the aftermath of the financial crisis.

Smartphone patents: never-ending war

As competition in the more than $200 billion global smartphone industry becomes more cutthroat, Apple and other are arguing that even the smallest unique features are critical to getting an edge. They are engaged in a lawsuit-filing frenzy, asserting their rights to dozens of patents to block rival products. Their goal: to find a patent that sticks, and to force competitors to work around it or strike a licensing deal. Through litigation—or the threat of it—Apple has prompted companies to install time-consuming and, in some instances, costly "workarounds" to avoid infringing its patents. But Apple has yet to permanently knock any of its competitors' products out of the market. Several rivals, meanwhile, have struck back against Apple, accusing the company of using their own patented designs. Many legal experts say it isn't the companies involved in the disputes, but rather the US Patent and Trademark Office, the federal agency that granted the patents in the first place. Critics say, among other things, that the patent office doesn't have the resources to keep up with current demands, and has awarded far too many unworthy patents. Many intellectual-property experts think that the smartphone war will end in a flurry of licensing and cross-licensing agreements, but that it's taking way too much time and money to get there.

Connecticut House passes death penalty repeal

The Connecticut House of Representatives voted late Wednesday to repeal the death penalty by a vote of 86-63. The Connecticut Senate passed the bill last week. After the bill's final passage, Governor Dannel Malloy (D) officially announced he will sign the bill immediately. The bill will not be applied retroactively to the 11 men currently on death row in the state.

Court to consider access to Megaupload data

A decision on whether Megaupload users should get their data back could be made in a US court later on Friday. Thousands of people lost access to data on Megaupload servers when the file-sharing site was shut down in January. The closure was coordinated by US law-enforcement agencies, which said Megaupload had violated copyright law. Digital rights groups will argue that data should be returned, but film studios are expected to say illegally gathered data should stay locked up.

Turkish prosecutors order arrest of former military leaders

Prosecutors in Turkey ordered the arrest of dozens of former military leaders on Thursday for their alleged role in the ouster of former prime minister Necmettin Erbakan. Prosecutors allege that the military leaders, including four retired generals, pressured Erbakan to resign in 1997. They further allege that the officers pressured the Islamist Erbakan to resign because he attempted to enhance the role of Islam in the Turkish government. Erbakan was a member of the Islamic Welfare Party when he was elected as prime minister in 1995. Although Turkey is predominately Islamist, the country's political system is secular.

Federal Government to pay indian tribes $1bn over mismanagement

The US government will pay more than $1 billion to settle lawsuits filed by 41 American Indian tribes, who had accused federal agencies of mismanaging tribal money and resources. The agreement ends nearly two years of negotiations; some claims date back more than 100 years.

• Daily Press Review

North Korea admits failed rocket launch
Al Jazeera, Doha, Qatar

South Sudan says won't withdraw troops
Asharq Al-Awsat, Pan-Arab daily, London, England

Guns silent in hours after Syria truce deadline
Egyptian Gazette, English-language, Cairo, Egypt

Egyptian parliament passes bill banning Omar Suliman from presidential candidacy
Haaretz, Liberal daily, Tel Aviv, Israel

Activists: Syrian forces clash with rebels near Turkey
JPost, Conservative, Jerusalem, Israel

North Korea rocket launch fails
BBC News, Centrist newscaster, London, England

Failure as North Korean rocket breaks up in flight
CNN International, London, England

Three dead in German train crash
Daily Express, Conservative tabloid, London, England

Bobbies off the beat: Officers to be dumped from frontline duties because most of what they do 'is not related to crime at all'
Daily Mail, Conservative daily, London, England

Alexandra Burke 'under police protection' after Twitter user sents threatening messages
Daily Mail, Conservative daily, London, England

North Korea launch condemned
EuroNews, International news, Ecully Cedex, France

NORTH KOREA: North Korean rocket crashes moments after take-off
France 24, Issy-les-Moulineaux, France

Turkish businesses eye US market as trade soars
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

North Korea rocket launch fails
Independent The, London, England

One leg at a time
Moscow News The, Independent, Moscow, Russia

Wealthy woman with connections with a foreign head of state wins ban on allegations of her sex life being made public
Telegraph The, Conservative daily, London, England

Jean Paul Gaultier's design debut for Diet Coke is unveiled
Telegraph The, Celebrity news, London, England

Banharn: Amnesty key to peace
Bangkok Post, Independent, Bangkok, Thailand

Russia says N.Korea launch contradicts U.N. council
China Post, English-language daily, Taipei, Taiwan

Academics Slam General Election
Chosun Ilbo, Conservative daily, Seoul, South Korea

Pakistani parl approves proposals on US ties
Hindustan Times, New Delhi, India

Tikku murder case: Model Simran Sood held
India Times, Conservative daily, New Delhi, India

Westin Tokyo Golden Week bus tour
Japan Times, Independent centrist, Tokyo, Japan

Salmon escapes 'help ecosystem'
New Zealand Herald, Conservative daily, Auckland, New Zealand

Seoul citizens watch TV report on DPRK satellite launch
People's Daily Online, English-language, Beijing, China

Brazil court allows abortion for foetuses lacking brains
Straits Times, Pro-government, Singapore

Getting to the truth
Sydney Morning Herald, Centrist daily, Sydney, Australia

Apple contradicts U.S. Justice Department's allegation of E-Book conspire with publishers
Taiwan News, English-language daily, Taipei, Taiwan

Vedanta says full-year iron ore production drops
The Economic Times, Business, Mumbai, India

North Korea admits rocket launch failed
Canadian Broadcasting Centre, Toronto, Ontario

Military seizes Guinea-Bissau's capital in possible coup
Globe and Mail The, Centrist daily, Toronto, Canada

Wellington Hotels Lead Occupancy in February
International Business Times, Business news organization, New York, U.S

At Summit of Americas, Governments 'Are Listening' to the People
IPS Latin America, International cooperative of journalists, Rome, Italy

Wall Street rallies as global fears ebb, Google up late
Reuters, Business News, New York, U.S

Embarrassed by rocket crash, North Korea may try nuclear test
Reuters, World News, New York, U.S

Air Canada: Pilots could stage 'sickout' Friday as labour relations worsen
Toronto Star, Toronto, Ontario

Army 'attempt Guinea-Bissau coup'
BBC News, Centrist newscaster, London, England

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