Search Peninsulawyer
Contact me
This form does not yet contain any fields.
    Powered by Squarespace
    Monday
    08Feb2010

    Vodafone - a tale of two twitters

    I expect to see the recent news stories on the suspension of a Vodafone employee for sending an obsecene and homophobic Tweet referenced in any number of press releases and legal updates issued by solicitors over the next few months. The Telegraph report above doesn't include the text of the Tweet itself, but to be honest it wasn't clever or funny so I didn't see the need to include a link to it.

    At a rough guess the incident will be held out as an example of the "dangers of social media in the workplace" or, at the very least, a justification for implementing a social media policy for your business.

    The reality is that this isn't a social media policy issue. There isn't an IT use policy in existence which would permit this kind of use of a network by employees. I am not an employment lawyer, but it can't be difficult to argue that issuing homophobic and obsene material in this way justifies disciplinary proceedings - regardless of any specific policy which might be in place.

    At its core it isn't really even a social media issue (although the ease with which content can be created and disseminated certainly helps to increase the damage). There have been a minority of employees who act irresponsibly since long before Twitter came on the scene.

    What will probably be overlooked in the excitement is that there was another incident involving Vodafone Hungary at the end of last year which is much more relevant to the question of social media policies.

    Morgan PR blogged about this last December in a post entitled "PR blunder as Vodafone sack marketer over funny Twitter" which came to my attention via Twitter. Please check out their post for the full detail of the incident, which involved the sacking of one of the Vodafone PR team for re-tweeting an update from T-Mobile in Hungary announcing that their network was experiencing problems together with the addition of a humorous "so give us a call".

    Personally, I thought the Vodafone marketer's tweet was an excellent use of Twitter. Clearly Vodafone disagreed and suffered what Morgan PR term in their post a "sense of humour failure".

    The point is that this second incident is a much better illustration of why social media policies are necessary. If your employees are using social media then this is the kind of grey area where they need guidance on what is and isn't acceptable.

    This is partly for their protection so that they know what to expect, what the company's social media "ethos" is and how to avoid overstepping the line. However, it is equally for the protection of the employer to ensure that appropriate action can be taken if the policy is breached without risking a claim by the employee.

    If you are thinking about social media policies then I would recommend focussing your attention on the Hungarian incident than the UK one.

    However, I suspect that the focus from solicitors and HR consultants will be the other way around!

    I will be following up on this post in a few months' time so If you do come across any legal updates or press releases featuring this then please let me know via the comments.

    Sunday
    07Feb2010

    22 Tweets

    I am being interviewed live on Twitter next week by 22 Tweets (real-time Twitter interviews with practicing lawyers who tweet).

    The interview takes place at 8pm (UK time) on Thursday 11 February so if you are interested in seeing what I have to say then simply follow the #22twts hashtag and look out for @Beej777.

    This will be the first 22 Tweets twitterview from the Wirral - and I will be doing my best to make it an interesting one... any support would be much appreciated!

    Thursday
    04Feb2010

    Peninsulawyer update

    I have recently moved the Peninsulawyer blog over from Wordpress.com to a new Squarespace site and the http://www.peninsulawyer.com domain.

    Hopefully the redesign looks cleaner and more professional than the old one - it is certainly much easier for me to set up and maintain.

    I have decided not to replicate The "UK law firms on Twitter" and "Merseyside lawyers on Twitter" pages from the old blog.

    These have already been moved over to TweepML which made the pages fairly redundant and these TweepML list links can now be found in the main side bar (or using the links in the previous paragraph).

    Any suggestions for new inclusions can be sent using the TweepML service. Just click on the relevant link above and then use the "Suggest to the list creator to add someone" button.

    Thanks for reading Peninsulawyer - hope you like the new layout, but any feedback good or bad would be welcome.

    Wednesday
    03Feb2010

    Mayor of your law firm

    I have been playing on Foursquare recently since it went "global" last month.

    For anyone who hasn't come across it, Foursquare is a relatively new service which brings together social networking and gaming.

    It allows you to check-in at specific locations (a bit like Brightkite) and post tips and reviews (a bit like Yelp), but also has a points based system allowing you to compete with your friends. Points are given for multiple venues on a night out, adding new venue and all kinds of other combos. It also links to Twitter so that your Twitter followers can see your check-ins.

    Mobile clients are a prerequisite for this type of thing and clients are available for the iPhone, Blackberry, Android and Palm Pre at the moment.

    Until the global launch it was limited to certain big cities (not much use for those of us on the Wirral!), but it can now be used anywhere provided that you don't mind adding your own venues as you go along.

    Although it is basically a game, Foursquare is very interesting for businesses as it lets them run special offers for first check ins at their venue or for the "Mayor" of the venue (the Mayor being the user who has checked in the most times at that place). For the time being at least I have the honour of being the Mayor of Tebay Services on the M6!

    Businesses have apparently been running these offers informally for a while (see the business section of the Foursquare site for details), but Foursquare are formalising this so that the offers pop up on your iPhone when you check in at or near a participating bar.

    The other big benefit for businesses is that the check-in promotes their venue to the friends of the Foursquare user.

    Tips from your friends pop up when you check in at a venue they have previously commented on. I got one of these the other day checking in at The Quarter in Liverpool with an insider tip about nearby bars which really brought home how useful the service could be.

    I read a good post on Three Geeks and a Law Blog just after Christmas about the business possiblities of Foursquare for law firms. Please read the whole post, but to summarise the conclusion was that Foursquare probably wasn't for B2B generally and that "Law firms would be even more adverse to displaying this sort of information.".

    I have been thinking about this myself since I have been using Foursquare and I can't decide whether there could be some scope for imaginative law firms to get some Foursquare love or whether this is a total non-starter.

    Clients are unlikely to want to check in at your office when they come for meetings. However, maybe a firm which promotes a series of regular seminars or networking events could run an offer for regular attendees (check in via Foursquare and get a branded coffee mug... could you get more exciting than that!)?

    The flipside is that maybe (some) clients will want to check in at their solicitors. After all, they can always add your office to Foursquare if they want and check in on their own initiative. There are certainly some law firms listed in the US.

    Maybe if Foursquare does take off in the UK this will become another social media channel which firms will want to monitor?

    Whatever the answer, I do think that Foursquare is a really interesting development in linking social networking to bricks and mortar... and for now at least it is a great way for downtrodden associates to leapfrog the promotion ladder and become mayor of your own firm!

    *Apologies to any RSS subscribers who have had this twice - my fault for messing up settings. Won't happen again*

    Monday
    01Feb2010

    Lawyerstar Galactica

    What do corporate lawyers have in common with the crew of Battlestar Galactica? (Credit to thegreatgeekmanual for the poster!)

    I am working my way through the remake of Battlestar Galactica on the recommendation of a friend. I loved the original when I was younger and I suspected that the new version would be disappointing, but so far I am really enjoying it.

    The first episode of the first main season is called "33". There is a full plot synopsis on Wikipedia but the essential point is that whenever Galactica jumps to a new location, the evil Cylons catch up with them precisely 33 minutes later.

    This prevents the crew from sleeping and, after five days and 237 jumps, their real battle is to avoid making a fatal miscalculation as sleep deprivation strikes (for anyone who has never watched, the Cylons are machines and don't have this problem).

    Anyone who has worked as a corporate lawyer at a large firm will find that watching "33" brings back unpleasant memories. It seems to be almost an unwritten law that completing large deals requires late night finishes (or more likely early hours of the morning) in the run-up to completion with a couple of all-nighters thrown in for good measure.

    The struggles of the Galactica's crew to remain awake and functioning seem pretty realistic from my own experience and I scanned the closing credits carefully to see if any magic circle corporate lawyers were involved as consultants!

    I have always thought that having sleep deprived lawyers working on your transaction as it reaches completion is a raw deal from the client's point of view. The final outstanding points are negotiated and rigorous attention to detail and project management are essential… and you are going to do it when you have been awake for 36 hours straight?!

    The science of sleep deprivation is very complex, but there is no page of Wikipedia which I won't skim read in pursuit of illumination, and it is obvious that the effects of sleep deprivation on the cognitive process are profound. The 2004 study cited in the article which found that "medical residents with less than four hours of sleep a night made more than twice as many errors as residents who slept for more than seven hours a night" is fairly representative. It isn't a great leap from this to suggest that a lawyer's performance would be reduced in the same way.

    The studies which suggest that lack of sleep makes you obese are also worrying for corporate lawyers (although this seems to be less clear cut – especially as living on vente lattes, chocolate bars from the vending machine and pizza deliveries during the course of a deal will have a similar effect anyway).

    The serious point is that carrying out client work in this state creates a liability risk for the lawyer and their firm and means that the client is unlikely to be getting the best out of their lawyer.

    There are transactions where deadlines make the late nights essential, but in most cases the problem could be avoided by resourcing work properly and project managing it effectively.

    Maybe corporate lawyers need to collectively grow up and realise that pulling an all-nighter isn't a badge of honour or (usually) a necessary evil, but rather an indication that something has gone wrong.

    It shows that someone, somewhere, has managed the transaction badly. In that situation it makes sense to consider who, and why, and whether there is something we can do differently next time to avoid a similar problem.

    There may not be Cylons waiting in the wings, but the consequences of making forced errors as a result of sleep deprivation could still be painful for those involved.