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Self-Proclaimed Social Media Expert Criticizes Seattle Personal Injury Attorney for Using Facebook Fan Page l Seattle Accident Attorney

I recently became aware of a negative blog post by a self-proclaimed social media expert named Kevin O’Keefe.  He came across a Facebook Fan Page of mine that featured one of my books that I wrote for accident victims. 

O’Keefe criticizes my book without ever reading it let alone physically holding it in his hands.  He condescendingly calls the book a “pamplet” when in fact it is a small book totaling more than 100 pages.  The book actually took me more than 4.5 months to write by the time it was published in January 2007. 

Aside from getting his facts wrong, O’Keefe writes that I’m an “over zealous lawyer who is in over [his] head when it comes to social media.”  He goes on to state that he’s “terribly disappointed” because I simply do not know how to use the internet, let alone social media.  His biggest complaint?  That the FB Fan page has posted one article (out of 7 total) that discusses the facts of a car accident in Seattle.  He declares that this one article is demeaning, and that this kind of marketing sinks to the level of a “7th grade marketing class.”

O’Keefe ignores the fact that the page contained just one post about an accident, compared to 6 other posts addressing various studies and articles of interest to accident victims.

I don’t know, maybe O’Keefe’s criticism is one way how he markets his own LexBlog.  I’ve seen him attack other lawyers for posting statistics about accidents, and then lambast them for not “properly using the internet” or failing to “write a correct blog.”  Yet, I can tell you that O’Keefe and his staff has contacted my office at least 3-4 times per month over the last 6 or 7 months asking me to purchase his company’s LexBlog site (we always refuse because you can get the same value and SEO rankings by using a free site like Wordpress).  Like my criminal justice law school professor liked to say, always consider the source, incentive and motive of your accuser.  But I digress.

O’Keefe doesn’t get it.  First, the FB page is devoted to my book, not me as a practicing attorney.  We give the book away for free to accident victims and their family members.  Our research shows that many accident victims search for their own accident report over the internet.  So what better way than to show accident victims that a free 100+ page book exists that may help explain common questions we receive every day.

Every month we hear from at least two dozen or so accident victims that they were searching for the details of their own accident when they “discovered” my book, and then promptly ordered it.

The book has also proved quite popular.  We give hundreds of books away for free every month.  And it’s not cheap.  It costs thousands of dollars, and the return on this expense is quite low.  Most of the people who request the book (98%) never call back, yet they keep the book.  And believe me, we get lots of comments from people telling us they were so glad that I wrote the book, and how it has helped them settle the claim on their own, or give them enough information to really understand what information is important in their claim.

I should also point out that until O’Keefe’s blog post, my office has never received a complaint from a non-lawyer or a lawyer about how we market or display the book.  In fact, O’Keefe (a former attorney) is the first person to ever criticize our efforts. 

O’Keefe also responds to one of his blog commentators by stating that I’m an embarrassment and “black eye” of my profession.  Really?  I spend thousands of dollars to give away hundreds of books for free to those who want them so they can begin to understand the insurance claims process, and I”m a bad guy? 

How many other lawyers spend thousands of dollars to give away free books and other information to help people in their community?  I will tell you not many. 

But because my FB fan page posted about the statistics of one accident, and also included a whole lot of other valuable information, like studies, research, reports, and other noteworthy data that may be of interest to accident victims, you have the temerity to accuse me of demeaning a profession that I have spent the last 15+ years serving and thinking of ways to make better? 

No O’Keefe, YOU DON’T GET IT. 

And I take enormous offense to someone who purports to be an expert on how to use the internet or social media for that matter.  Who are you to instruct others, let alone suggest, how to use the internet?  Particularly when it is someone who had never before worked in the hi-tech field until quiting his job as a lawyer and then moving to the very state where I have lived all my life. 

My wife Mischelle Weedman-Davis (who incidentally IS a brilliant social media expert that has worked in hi-tech for 15 years with the likes of Steve Ballmer, Paul Allen, and other brilliant executives at some of the most noteworthy companies around like Microsoft, Vulcan, Wall Data, Primus), likes to tell me that everyone always knew who the ignorant one was in the room – the person who tried to teach or tell others how to use the internet. 

And did I mention that my wife has also authored and published a book on social media that has proven immensely popular with lawyers all across the country?  The book, Facelift: The Practical Facebook Marketing Guide for Professionals, has been hugely successful.  I’m sorry O’Keefe, but when it comes to social media, especially for lawyers, I’ll listen to my wife any day of the week before I even consider your comments.

Here’s my belief: the internet is to be used how it is actually being used in that moment.  If what I do is so despicable and demeaning, then I will suffer for it either by a decrease of attention (website visitors), customers, clients or whatever maintains my business or profession.  But guess what?  I’m not suffering. I’m actually thriving by using social media in the way that my wife and I have done over the last 6+ months.

Perhaps O’Keefe and Al Gore have more knowledge than the rest of us.  But I for one believe that social media is so new, and still in its development, that no one, not even the so-called experts like O’Keefe, know where it is going, and where it will end up, if at all.  That’s why social media is so exciting, and why it holds enormous potential to professionals like lawyers and doctors to name a few.

Finally, I really take offense to O’Keefe’s accusations that I’m an “embarrassment” and “black eye” to my profession.  As a plaintiff’s personal injury attorney who fights huge insurance companies all day, I’m not one to back down or even ignore a baseless criticism especially if it is aimed at my integrity, or at how I conduct myself as a lawyer.  I fight back when that criticism is unjustified and way out of bounds as is the case with O’Keefe’s blog post.

What O’Keefe doesn’t divulge on his LexBlog site is that he himself has engaged in prior misconduct that actually has tarnished the profession.  When O’Keefe was a practicing attorney in Wisconsin (before he quit), the state bar reprimanded him for neglecting a client’s case which resulted in dismissal, for engaging in conduct that technically was a conflict of interest, and then for trying to charge the client money for unreimbursed costs (O’Keefe had to be ordered by the Wisconsin State Bar to pay the client back within 30 days).  

Maybe it’s just me, but when a lawyer engages in conduct that invokes the disciplinary authority of the State Bar to publicly reprimand that lawyer for the conduct, I consider that lawyer an embarrassment to the profession.  Now some of you may find this disclosure on my part vindictive, but it’s not.  If you’re going to publicly chastise another lawyer for allegedly tarnishing the legal profession, then you better have a clean record yourself.

I’m sure O’Keefe regrets it, and that the matter has been closed for years.  But I think it’s necessary to point out that there are far worse actions that a lawyer can commit which actually does tarnish the profession compared to how some of us may use a Facebook Fan Page.  Perhaps O’Keefe should focus on those in the profession who really do damage by violating the public’s trust.  I just think it’s more important when judging a lawyer to look at how that lawyer practices law and treats his or her clients. 

I just don’t believe that my book’s Facebook Fan page is something I should be embarrassed about. Quite the contrary actually.  And there’s hundred of individuals who contact us every month who feel the same way.  I’ll listen to them before I will ever consider the opinions of a self-proclaimed social media expert.  But that’s just me.

6 Comments on “Self-Proclaimed Social Media Expert Criticizes Seattle Personal Injury Attorney for Using Facebook Fan Page l Seattle Accident Attorney”

  1. #1 Russell Easter
    on Aug 9th, 2009 at 5:35 am

    Chris,

    I have to completely and utterly agree with you on this account.

    Having worked daily in Social Media for years, your statement of “social media is so new, and still in its development, that no one….knows where it is going, and where it will end up, if at all” is spot on!

    The simple fact of the matter is that “social media” gives the business a voice. How you choose use that voice is completely up to you!

    You choose to use social media to expound the virtues of your year of experience in the market within which you practice. Enough said.

    That’s what it was created and intended for.

    Social Media and the channel for communication it provides is one of the many you’ve chosen use to get your thoughts, beliefs and opinions out through.

    You should feel empowered by using it, not demeaned.

    You’re right. This O’Keefe gentleman “doesn’t get it”.

    He’s a fool. Let him live his life as a fool and believing that he somehow knows more than the next person no matter what their knowledge and experience.

    I commend you for taking advantage of this channel. You and your wife have a greater understanding of what this “Social Media” is and what it can do for a business than Mr. O’Keefe could ever hope to!

    Keep up the great work Chris!

    You help people, while this Mr. O’keefe can only attempt to bring people down.

    Who of these two is to be commended and appreciated? Let the facts speak for themselves.

  2. #2 mischelle
    on Aug 9th, 2009 at 5:00 pm

    Russell,

    Thank you for your comments.

    There are many lawyers in the profession who continue to look down on those of us who have embraced the internet and social media to promote our practices, as well as inform the public about various legal issues or problems that affect many of our clients.

    It is these same lawyers who also think the legal profession is somehow different or above all other businesses, and that to engage in successful marketing is somehow demeaning. Perhaps Mr. O’Keefe is one of them.

    I for one believe that the legal profession has a lot to learn from the nonlawyer business community. Most people have no idea what lawyers do day-to-day, or how to even evaluate whether a lawyer is a good one or at least the right one for you. That is one reason why I wrote my books – to help the public make an informed decision.

    It’s nice to know that most nonlawyers and social media users like yourself do “get it.” Again, I appreciate your comments very much.

    Regards,
    Chris

  3. #3 Kevin OKeefe
    on Aug 10th, 2009 at 9:49 pm

    I admire the legal work you do Chris as well giving out a book to help people. I published and distributed a book on how to select a good lawyer during the time I practiced. I also represented people against insurance companies as well and had an excellent word of mouth reputation for doing so. You probably have an excellent word of mouth reputation.

    I do stand by my views as to creating a Facebook fan page to get fans of your book. It seems at odds with Facebook fan pages, appears to be driven by achieving SEO for you, and is not something people familiar with social media protocol would do. I asked a few. As a result I do think the Facebook fan page of a book like this seems unseemly. That may be something we never agree on.

    I’d create a Facebook fan page for your firm and the work you do fighting insurance companies who readily deny legitimate claims and hide behind medical experts they pay off.

    You’re right. I did receive a reprimand from the bar. It is public record. The reason I got the reprimand was a result of poor judgment on my part in telling the State Bar to take a hilke when the Bar agreed the clients grievance against me did not give rise to the Bar giving me a public reprimand. Not because a case was dismissed because of my neglect.

    I told the Bar’s lawyer, a very nice guy, to do what ever he wanted to do. I was not going to agree certain facts he wanted me to – they were not true. The result was I defaulted on the grievence resulting in the public reprimand.

    My actions in telling the Bar to take a hike were the result of me getting too full of myself. I had just moved to Seattle to found an Internet company dedicated to helping consumers and small business people on legal matters. I received VC funding and had just hired very talented team. Rather than then respond to the Bar like any rational lawyer would do, I was just too big for my britches. I do regret that. Very much.

    The case I represented the client on was not dismissed by my neglect. It was settled in an amount agreed to by my client. Ironically she was a family friend now deceased. She did not receive the compensation settled for, a very modest amount, because of problems with her claim, because the uninsured defendant filed bankruptcy. I wish I could have done more for her. I could not.

    I may have got too full of myself here in taking off against you in the fashion I did without giving you a call. If so, I apologize to you and Mischelle.

    Being we’re both in Seattle Chris, I would like to get together for a coffee or beer anytime so we can learn more about we’re each doing. I’m traveling much of this month and will try reaching you on my return. I suspect each of us get it more than we may know.

  4. #4 mischelle
    on Aug 11th, 2009 at 7:40 pm

    Kevin,

    Thank you for your comments. I accept your apology.

    Yes, we have different views on how to use Facebook, including the use of fan pages. I can certainly appreciate your opinion. What may be unseemly to you may not be shared by others, especially to those who are not in the legal profession. There is often no bright line and reasonable minds may differ.

    Please understand that I am very sensitive to how my on-line presence reflects on me and my firm. My reputation and credibility as a lawyer mean everything to me. Attorneys already have a terrible reputation for very poor advertising, especially in the personal injury field (as you know). So you won’t get an argument from me on that. The last thing I want to do is perpetuate that negative stereotype. I just disagree that the FB fan page for one of my books contributes to that negative stereotype. Others may disagree, I recognize that.

    Nonetheless, we have an honest disagreement about how lawyers can use FB fan pages or other forms of social media. Social media is still in its infancy, particularly with lawyers. So anything can happen, and my views today may be different a year from now.

    Again, I appreciate your comments. And yes, a beer or coffee sounds fine.

    Regards,
    Chris

  5. #5 Howard Howell
    on Sep 28th, 2009 at 10:14 pm

    To both Chris and Kevin…

    What a pleasure to see the New Media Reality working in this dialogue between two lawyers. I hope I get to meet you both someday (not on the other side of a suit but just a friendly hello).

    I love to observe how the continuing changes in the internet is affecting how business is conducted. My focus interest is on how the art of selling permeates everything that we do in life.

    If either of the two of you would be willing to grant me a short phone interview for a series of blog posts I am preparing showing examples of New Media Marketing practices, I would love to include you. If so please reach out to me. Thank You.

    Howard Howell aka ThatSalesGuy

  6. #6 mischelle
    on Oct 29th, 2009 at 10:35 pm

    Hi Howard,
    I’m sorry for the delay. I am just today reviewing your message (which should tell you how far behind I am on my task list!).

    I am certainly willing to talk with you further. Please feel free to call my office, or shoot me a private email – chris@davislawgroupseattle.com. Thanks.

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