Being Number One: Your Firm on Page 1 of Google

Pop open your Internet Explorer, Firefox or the Google browser. Type in "ny personal injury attorney". Why do certain law firms seem to always come up on Page 1 of Google?

The answer is SEO - Search Engine Optimization.

In a nutshell, SEO is tweaking your website so that Google (and subsequently all other search engines) will recognize and note your site more immediately than those of your competitors. Today's Bulletin, the first in a two-part series, addresses maximizing your firm's online visibility - through the use of keywords, copy, and keyword placement.

Know Your Market

Be keenly aware of your strongest area(s) of practice: personal injury, medical malpractice, wrongful death... By concentrating on your expertise, you will draw the clients best suited to your practice.

What search words are potential clients using to find a law firm to represent them?

This is the most important question you need to ask yourself, preferably, before your site is built. The quickest way to get the answer to this question - and in a manner designed to NOT re-invent the wheel, is very simple:

1. In Google, type in the keywords you think your potential clients might use to search for a law firm. (This will bring up the first page of Google results.)

2. Click through to any of the top named law firms.

3. At the top of your browser click the drop-down box, "View". Next click "Source" (in other browsers like Firefox it might say "Page Source").

4. What initially appears as gibberish to most people with hectic schedules is actually called "basic tags". You'll note the more web savvy sites intentionally including misspellings (atorney, attorny, laywer...) to ensure they capture as wide a portion of the searching public as possible.

Now that you know what the competition is doing - you also want to know the actual search terms that potential clients input. There are two simple ways to do this:

1. Wordtracker. There's a free tool at wordtracker.com (register for free to access) that allows you to punch in specific words and get a run down of how many searches (in general terms) for these keywords have been performed in the prior 90 days. (IMPORTANT: Overture is a similar keyword tool owned by Yahoo. Overture has been disconnected and is no longer providing relevant info - but the site is still up and running. Overture may be on hiatus, nonetheless, its current functionality and information is out-dated.) This site also contains fee-based services/functions your firm may want to pursue.

2. Your Browser (equipped with Google Toolbar). Make sure your Google toolbar is installed on your Internet Explorer or Firefox Browser. When you type in different search terms it will offer suggestions (known as "Google Suggest) of what people are currently searching for. But even better, Firefox provides the number of searches performed in the last 90 days.

Adding Keywords to your Site

Now that you know the specific search criteria input by potential clients, DO NOT PUT THESE SAME WORDS ONTO THE CODE OF EVERY PAGE OF YOUR SITE. Make sure your web development department is aware of this. Google's response to repetitive keyword code on every page of your site is to place your website at the bottom of the pile.

Instead, have your IT person:

- Group your Keywords in 3s. 3 words, or phrases ("personal injury lawyer, accident lawyer, personal injury firm New York") ...then rearrange these words/phrases on each page of your site so that the phrases/key words do not appear in the same order.

- Ensure that your keywords are in similarly coded pages that have visible text containing that keyword(s). (I.e. If you enter "personal injury" as a keyword for a page on your site that only refers to medical malpractice and does not, in any instance, mention personal injury, your website will result in the bottom pages of a Google search, not the top, as is your goal.)

- Name each page after the relevant page keywords. (E.g. TrueLaw.com/personalinjury.html.) This allows one to instantly monitor the site for consistency.

These above directions relate to hidden code. Next, we approach maximizing your keyword results.

Best and Strongest Foot Forward

Your main keywords and phrases should be in the first paragraph of your text, preferably in the first sentence. The most effective boost to your firm's site regarding search rankings is to have your most important keyword in your main page's heading and two other keywords in the immediately following paragraph.

This concludes Part I of our two part series in "Being Number One". In the next Bulletin, we'll explore PageRank, Backlinks, "White-hat/Black-hat" and a number of other tips that will put you on top of the search engine game.

Calling It Quits: When To Terminate An Employee

In the news recently, there has been a lot of talk of employees' right to sue "bad bosses". The "bad boss" until now, has generally referred to management bullies whose goal has been to publicly humiliate the employee (e.g., having other employees, en masse during meetings, ridicule the substandard performance of the targeted employee, or taking that up a few notches to ordering the sub-achiever wear a clown hat or nose or some other such ridiculous gear). Obviously, the examples cited are not tolerated by a well run organization. But the lines of acceptable reprimands are seen to be fading as employee-rights organizations are now eyeing conditions such as stress-related health issues and coping malbehavior as a result of malicious management practices that are tolerated in the workplace. It is the responsibility of senior management to ensure proper intra-company management methods are in place but it is also prudent to proactively protect the company should it find just cause for an employee's termination.

BNI investigators have worked on numerous cases in which we were assigned to covertly observe employee and management workplace behavior. The eyes of an impartial party often register situations differently from those with a stake involved. This experience has allowed us to formulate the below checklist for deciding if it is time to terminate and if so, how to proceed.

Is It Time To Terminate?

1. Investigate.
If you are considering firing a worker for misconduct, your first step is to investigate the incident. There is always the possibility, no matter how slim, that things are not as they appear to be. And the worker might have an explanation or reason for the misconduct that is not immediately apparent.

2. Check the files.
Never proceed without reading the worker's personnel file. What you find -- and what you don't find -- can have important repercussions. For example, if you are trying to figure out whether to fire someone for persistent problems (poor attendance or performance, for example), you should find some indication in the file that the employee was informed of these issues and given an opportunity to improve. And you should look carefully for any evidence of an employment contract limiting your right to fire the worker at will.

3. Review your written policies.
Read through your employee handbook, personnel manual, and/or any other written policies that have been in effect during the worker's tenure. Do they give the worker sufficient notice that his or her conduct could result in getting fired? If you have a progressive discipline policy, have you followed it? Do your policies place any limitations on your right to fire workers at will?

4. Consider what the worker has been told.
What you say to a employee can be just as important as your written communications and policies. Have you -- or anyone in authority at your company -- said anything that contradicts your written policies and the documents in the personnel file? For example, have you led the worker to believe that he or she would not be fired despite performance or other problems? Has anyone made statements to the employee that could come back to haunt you in a lawsuit -- for example, statements that could be construed as discriminatory or harassing?

5. Compare how you've treated others.
A fired employee's most effective argument to a jury is that you've acted unfairly, by treating the employee differently from others who have been in the same position. If you have always treated your employees by the same rules, you don't have to worry. However, if you've been inconsistent, you should have a valid reason for treating workers differently -- for example, one worker's performance problems lasted longer than another's, or one worker's misconduct was more serious.

6. Consider context.
Even if you have followed your policies, protected your right to fire at will, and been consistent with your workers, one shouldn't ignore the surrounding circumstances. Consider the timing of your firing decision -- for example, if you terminate an employee who recently complained of sexual harassment, can that be perceived as retaliatory? Also look at how this termination will look in light of your other firing decisions. If you see a pattern -- for example, that only women or older workers are being fired, that may allow for a claim.

7. Look at options.
If you're considering firing a worker for persistent problems, you've probably already tried disciplinary measures short of termination. Even so, now is a good time to revisit the issue. Do you think that the employee will be able and willing to improve? If so, a lesser disciplinary measure might be effective -- particularly if you have made some managerial missteps in your dealings with the worker. However, will making an exception or bending the rules for this worker will seem unfair to others? The full picture needs to be taken into consideration. Also, if there has been a management lapse of careful notation in the employee's employment file, correct it immediately. (We are not suggesting suddenly noting past incidents, that will only work in the terminated employee's favor. Just be, or have your managers become, more diligent in record keeping.)

8. Get a second opinion.
If possible, have another person from within your company review your decision to terminate. This will help you make sure that your decision is reasonable, legitimate, and well-supported by the evidence. If the reviewer finds that your decision could be challenged, use his or her comments to help you figure out how you can either salvage the employment relationship or properly document and support your decision.

9. Bring in legal counsel, if necessary.
If you are faced with a close call of any kind -- or if you are unsure whether your decision will hold up in court -- talk to an employment lawyer before you take action. An outside review by an experienced employment-issues lawyer can save considerable time and money in the long run.

10. Document your decision.
If you decide to fire a worker after considering all the angles, you should document your decision in an internal memorandum to the worker's file. Keep it short and sweet -- describe the reasons why you decided to fire the worker, any previous efforts to help the worker improve, and the dates of any previous disciplinary meetings and warnings.

While conscious of the whistle blower laws and or discriminatory hiring practices, an employer may consider an online search for prior lawsuits at appropriate recording sites (e.g. e-law.com).

BNI Investigators: Street smart: Web savvy.

Accident Report Cheat Sheet

In any lawsuit involving an MVA, one of the the most important initial tools required is the accident report. A completed MV-104A New York State Department of Motor Vehicles POLICE ACCIDENT REPORT (PAR) establishes that a) an accident did in fact occur, b) your client was somehow involved in said accident and c) the factors involved in your client's MVA. It is important for the trial professional to also have the ability, via an "answer sheet", to decode the responding officer's notes on the PAR.

The police lingo for this answer sheet is "flysheet". One simply aligns the category numbers to the correspondingly numbered areas on the actual report and from there decodes the reporting officer' handwritten digits. In the bottom right of the attached flysheet, you will note the words "Cover Sheet" and a white space below that. Generally, that space contains a letter (NYS is currently up to the letter "O") which refers to the model number of the answer sheet. The flysheet is usually only upgraded if a substantial change or category addition is required to the accident report itself. The MV-104 form is used by all New York State agencies authorized to prepare an accident report.

#2/67 When A Slippery Slope is a Good Thing!

In conducting on-location site surveys, the investigative professional should be aware of four baseline potential causal factors: (The first three are fairly straightforward; the fourth, ground slope, is the focus of this week's Bulletin.)

1. Broken/Damaged/In Disrepair conditions

2. Construction in the area/Construction debris

3. Lighting Factors

4. Ground slope in regard to the related defect, condition or structure.

By way of example and explanation: Without delving too deeply into calculus (it's spring...):

The relational depth of a 3-inch deep defect, radiated outwardly 6 feet therefrom, with a 30% slope within that rise, can dynamically equate to a more than 6-inch profundity at the defect core. With the additional slope factor, it is not as if the injured party was walking on level ground and simply encountered a 3" defect. A very normal and acceptable declination range of the surrounding 6 feet of the defect, with a sharp gradient, will offset body physics and can be equal to the person encountering a 6" defect.