Your Public Face

(This week's Bulletin is an update from a previous issue, run last year, on this subject. The online world continues to, at exponential rate, change the rules.)

More frequently, BNI is requested to conduct public image profiling - searches to uncover one's personal information, that which is readily available online. Beyond verifying the usual identifiers (address, DOB, phone number...), given the proliferation of user-generated content and social and business networking sites, a potential employer or partner can often obtain an alarmingly unfiltered profile of their candidate. For obvious reasons, this information is invaluable to just about every public, private or governmental sector industry that relies on its public image to operate effectively.

We've developed several public image profiling site checklists (each containing from 45 - 102, and counting, sites) , dependent on the requestor's needs, all of which include the below basic searches:

General: Google.com, Yahoo.com(check subcategories: Web, Images, Video...)

Social Networks: .Bebo.com, Broadcaster.com, Classmates.com, Facebook.com, Friendster.com, Meetup.com, MySpace.com,Reunion.com, Tagged.com, Twitter.com, 360.yahoo.com.

Business Networks: LinkedIn.com, Plaxo.com, Spoke.com, Naymes.com.

Blogs: Technorati.com

Site Ranking: Aside from your Google PageRank, Alexa.com, is an excellent source of business information.

Tip: It is also possible to backtrace a person by simply Googling that person's email. The searcher can quickly become privy to one's opinion/poll responses, newsgroups memberships, political affiliations, donations and much more.

Again, these are the basic sites to search to form a public image profile - or research one's own Netface.

Public image profiling is the new credit report.

Stay safe,

Lina

Getting Your Email Through

Too often, important, even intra-company, email, winds up in your trash folder. Resending, sending without a subject line, consulting your Magic-8 ball... are some solutions. The more scientific way to ensure your email gets through is follow the Can-Spam rules found at the government site: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm.

Additionally, from the 60-Second Marketer we run a very brief, concise second video with 10 tips of words not to use in any subject line if you want your email to go through.

10 Words, Phrase or Actions To Avoid In Email Subject Lines:

1. Use of the word "free".

2. Excessive punctuation.

3. The phrase "please read".

See video for the rest.

PI Tip Of The Week: Pending the financially parameters of your case, when required to prove a long-time, pre-existing premises defects/dangerous conditions, have an address history run of the property in question to obtain previous tenant information. Follow up with subject locates and interview previous residents.

BNI Operatives: Street smart: Web savvy.

As Always, Stay Safe,

Lina

A New Avenue to Prior Notice To The City?

A month ago, the Bulletin first brought our readers the news that the NYPD was developing a technique for crime video and picture submission directly to the police. The delivery system is now fully operational, per the below 9/10/2008 NY Daily News article. However, these report hotlines and avenues are not for criminal activity alone. Quality of life issues can also be reported (potholes, poor parks conditions....) At the end of the News article, however, we ask questions regarding how this information can then be used in the private sector.

DAILY NEWS CITY HALL BUREAU

Wednesday, September 10th 2008, 1:17 AM

Now you can send images and videos from your phone to cops regarding crimes, and to 311 regarding quality of life issues. Picture this: You e-mail a photo of a fleeing crook that you took with your cell phone to cops, who use it to bust the bad guy in a flash.

Now it can happen.

Callers to 911 can send photos and videos to NYPD's Real Time Crime Center, where images are used to crack crimes or respond to emergencies, Mayor Bloomberg said Tuesday.

"This technology should scare every would-be criminal because the chance of getting caught in the act is now better than ever," said Bloomberg.

All callers have to do is tell the dispatcher that they have a picture that could be useful in the emergency. The information is provided to cops, who contact the callers and give them an e-mail address to send the photo to.

Bloomberg, however, warned aspiring crime stoppers to exercise common sense when taking pictures. "As helpful as your photo or video image is, do not put yourself in harm's way to obtain them," he said. "Your safety is paramount."

When callers say they have a crime photo, the 911 dispatcher enters a special code in the NYPD's internal system that provides cops with the good Samaritan's phone number.

"It's another building block in our partnership with the public," said Police Commissioner Raymond Kelly, noting that last month, the NYPD started accepting text-message tips.

But photos aren't just for combatting crime.

New Yorkers can also send photos and videos - to 311 or www.nyc.gov - concerning quality-of-life issues like potholes, dirty parks or broken pay phones.

As with the protocol for 911, callers to 311 have to alert operators that they have a photo of the offense. Callers are directed to www.nyc.gov, where they can directly send up to three photos.

"All of these things add to the quality of life in this city," said Bloomberg.

Bloomberg said he wasn't worried about the system being flooded with photos, but urged the public not to "cry wolf". I think the problem is reverse," he said. "That people don't call us enough."

End of article.

Of course, from our perspective, the quality of life reports (potholes, dangerous intersections, cracked sidewalks...) raises all sorts of issues re: notice to the City. And, will these reports, if founded be channeled to say private organizations such as Big Apple? Do these reports fall under FOIL? It'll be interesting to see how this all unfolds in the civil end of matters.

BNI Operatives: Street smart; Net savvy.

As always, be safe,

Lina

Hiring An Expert Witness Re: Whistling At Work

Okay so we got a bit carried away with this week's title, but I'll prove my point below: that you can find an expert witness on any topic, and then we'll get into the reality of the necessity of expert witnesses.

The judge's decision: Posted On: March 31, 2007 by Jim Robinson, Esq.
Gang Expert Allowed to Testify in Illegal Immigration Trial

As reported in Pennsylvania's Times Leader, U.S. District Judge James Munley allowed gang expert witness Jared Lewis to testify as an expert witness at a Pennsylvania trial regarding the Illegal Immigration Relief Act. Lewis testified that the gang named "MS-13" had a presence in Hazleton, Pennsylvania, and was one of the most dangerous gangs in the world.

Lewis was allowed to testify even though he had minimal law enforcement experience, did not include any published authoritative works in his resume, and his expert report did not include any information based on gang statistics specific to the area. The court found that his area of expertise is not an area about which many authoritative books have been written.


This week's Bulletin covers the topic of Expert Witnesses; definition; why it is better to hire one sooner than later and selecting expert witnesses. Following the Bulletin text is the video pertaining to the above article on Mr. Robertson's excellent and concisely named blog: Expert Witness Blog.


Definition: From Wikipedia:

An expert witness is a witness, who by virtue of education, training, skill, or experience, is believed to have knowledge in a particular subject beyond that of the average person, sufficient that others may officially (and legally) rely upon the witness's specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of their expertise, referred to as the expert opinion, as an assistance to the fact-finder.

History of Expert Witnesses: The earliest known use of an expert witness in English law came in 1782, when a court that was hearing litigation relating to the silting-up of Wells harbour in Norfolk accepted evidence from a leading civil engineer, John Smeaton. This decision by the court to accept Smeaton's evidence is widely cited as the root of modern rules on expert evidence.


Why it's better to hire an expert witness sooner rather than later:

1. The cost of finding out later that your client has a much weaker case than originally assessed will be far greater than the expert's fee.

2. As much as one or one's staff can conduct comprehensive research, an expert will have the real life experience of not only the subject matter, but unenvisioned or rebuttal scenarios and that can translate to a substantial difference in case settlement amount.

3. A well-qualified and respected expert lends significant credence to a trial case.

4. With expert discloser and pleading rules...its best to know your theories early.


Selecting an expert witness:

1. Ask colleagues who've experienced similar cases,

2. Review the expert's testimony in a similar case.

3. Ask for recommendations from the expert witness. He or she should not have any issue providing you with references. Then follow through. Interview the references. Professional courtesy is usually extended and professionals speak the same language, so an assessment can quickly and accurately be made.

4. Some organization (ATLA??) should start a opt-in expert witness rated directory.

Note: The above recommendations should apply to both nontestifying and testifying witnesses.

And now the gang expert video (which proves you can find an expert on anything):




Good luck and successful results,

As always, stay safe,

Lina

BNI Operatives: Street smart; Web savvy.

Your Firm's Bottom Line: Increasing Advertising ROI

Happy Labor Day! - the one day most of us will take off from figuring out how to increase productivity and related earnings. But come tomorrow...

This week's topic is all about your firm's bottom line.

We're increasingly approached about the legal marketing services we offer here at BNI and, an often cited question is - how does our primary line of work relate to marketing? At first glance, an odd combination - investigative work and marketing. Pondering it further, an investigator is trained to think analytically and to also be quite creative. We never have 100% foreknowledge of the result of any phone call, info inquiry or face to face situation. So why are some investigators more successful in their field than others? Curiosity is certainly a reason but the main factor for success is that we instinctively understand our audience. We have to. It is that simple. We often have less than a few seconds to give an impression and gain a person's confidence.

So, who better to have on your marketing team than someone who has the ability to quickly assess a successful strategy?

Today, I'd like to offer some tips in selecting a good marketing strategy: (There are 3 ground rules)

1. If you see a wildly successful advertising campaign in a field different from yours, observe it closely. The ideas that can really boost your bottom line ALWAYS come from outside the box.

2. There is only one reason to spend money on marketing - revenue. (Creating a good public image comes from the quality representation your firm gives its clients.)

3. Look at your competitors' marketing and advertising activity - and do the opposite. You have to stand out or you will pump in an endless stream of money into the tried but usually not necessarily true. (If your competitor has a big ad campaign - he/she a- started out with a smaller, unusual strategy and grew to that point or b- they are simply throwing away a lot of money very quickly or c- are unknowningly spending too much for what appears to be a great return.)

For an example of what not to do, (a real tv ad from March, 2008), view below. I'm sure this firm's lawyers are sincere and deliver quality services to their clients, but the oral message and visual delivery do not match. If this ad is working for them, great - but it can be even more successul with a few of the above mentioned tweaks (and some technical ones - i.e., make sure the firm's name is legible against the backdrop, scroll - as opposed to fix - your message continuously along the bottom, and, if you are going to show sample case clips - repeat only one or two scenes; four or five scenarios do not allow the viewer to internalize the critical message point.)




And on a final note, join LinkedIn, the world's largest and growing social/business network. Feel welcome to request the previous Bulletin we ran on LinkedIn, as they have partnered in with LexNex to become the highest-rated online networking tool for lawyers in the world.

BNI Operatives: Street smart; Web savvy.

As always, stay safe,

Lina