Business Record - Iowa Biz

Leverage Social Media Before It Is Too Late

Image by Getty Images via Daylife

The Problem
There are two kinds of companies doing business online: 1) those that have had an online public relations problem; and 2) those about to have an online public relations problem.  Whether it is a disgruntled customer, a security breach or some other unintentional blunder, any public relations problem has the ability to snowball out of control. Ignoring or mishandling the problem often makes things worse. Once the problem reaches a critical mass, it may become too big for a small, or poorly positioned, company to recover.

The Solution
Social media is the perfect tool for not only identifying potential public relations issues early, but for turning them into a platform for showcasing your great customer service. Using social media as a radar to identify and address customer concerns early can save headaches down the road. Generating an evangelical social media following expands both your reach and message. If a catastrophic problem does occur, social media followers often come to a company’s rescue, solving problems hundreds of thousands of dollars and a courtroom of lawyers could not. Most importantly, transparent use of social media may cause a customer to contact you directly, before airing grievances online. Your social media solutions however, must be in place long before a problem arises. The key is in understanding social media, and implementing a coordinated social media initiative sooner, rather than later.

Brett Trout

Don't Tell Twitter Your Vacation Plans

The Good With the Bad
Twitter, blogs, message boards, Facebook, LinkedIn and other social media platforms are great ways to connect with large groups of people. Transparency, being open about who you are and what you do, has many advantages. It generates trust. It builds relationships. In addition to the benefits openness provides, it also has dangers. Knowing what these dangers are and how to protect yourself, your home and your family, is not difficult and may just keep you from becoming the latest victim.

Dangers of Over-sharing
Everyone knows posting confidential information to the Web is an identity theft waiting to happen. Thieves will do whatever they can to get your valuable information, but did you know even disclosing your location could lead you to become a victim? Last month Israel Hyman, (Twitter handle @IzzyVideo) posted on Twitter that he and his family were on vacation in Kansas City. He also set up his Twitter account to automatically update his Facebook status with that information. After his family vacation, Mr. Hyman returned home to Arizona only to discover he had been burglarized, with thousands of dollars of video and computer equipment gone.

How Did It Happen?
In addition to Mr. Hyman's 2000+ Twitter followers, anyone could have logged onto Twitter to check his status. Once they know you will be away, thieves do not need much to find your home. A name, a cell phone number, a Web site address (which they can check for contact information) or a picture may be all they need to connect your "I'm on vacation" post with a Google Map to your home. So what can you do?

Think Before You Post
The solution is not to stop interacting online. The solution is simply to think before you post. Refrain from posting outside your closest network of friends things like: "I'm home alone" or "I'm working late." Also, continue to post while on vacation. Posts from your friends, such as "Has anyone heard from Jane? She has not posted for days" are cues that your home may be vacant.

Stay in Touch
If you are online, your network of contacts is actually your best defense against becoming an online victim. More than likely, someone in your network will be the first, not only to alert you to potential threats, but to tell you how to protect yourself from them. If you are a real glutton for punishment, and need all the latest information about cyberlaw and online threats, feel free to follow me on Twitter @BrettTrout

Brett Trout

What is the Difference Between ®, TM and SM?

Image via Wikipedia

Your company has a trademark, but what do you know about it? Does your company use one of these symbols with its trademark: ®, TM and SM? Are they required? Does it matter?

What is a Trademark?
A trademark is a word, name, phrase, symbol, color, scent or sound used to identify particular goods or services as coming from a particular source. Unlike domain names, you have no rights to a trademark until you actually use the trademark in commerce. "Naked" trademarks, which are not used in association with the sale of any good or service, are not allowed. Trademarks are also limited to a particular good or service. One company may own "Apple" for computers and another company may own "Apple" for records. As long as there is no likelihood that consumers may be confused that the goods come from the same source, identical trademarks can coexist for different types of goods or services.

Trademark Registration
Simply using a unique, non-descriptive trademark in association with a good or service is all you need to obtain common law rights to that trademark. With common law trademark rights, you can stop an infringer in your market area and obtain damages associated with the infringement. But you cannot get punitive damages or attorney fees. State trademark registrations extend common law rights to the borders of the state, but that is about it. As state registration typically afford little more protection than common law rights, most companies seeking trademark registration opt for federal trademark registration.

Federal Registration
Federal trademark registration is much harder to obtain, and more expensive than state trademark registration. A federal trademark registration may cost $1,200+ and take 18 months or more to obtain. Once you obtain your federal registration, you can use that registration to pursue infringers in any state, regardless of whether you are currently marketing in that state. In addition, if you can show the infringement was "willful," federal trademark registration allows you to collect triple damages and attorney fees.

® refers to a federally registered trademark. Alternatively, you may use "Registered, U.S. Patent and Trademark Office"  or "Reg U.S. Pat & TM Off." to designate your federal registration. You may not use (R). Failure to properly mark your goods or services, limits your ability to collect profits or damages from an infringer who had no notice of your registration.

TM and SM
TM refers to a state or common law trademark, typically associated with goods and SM refers to a state or common law service mark, typically associated with services. Anyone can use TM or SM. There is no registration required. TM and SM simply mean the user thinks they have a defensible trademark, and may or may not pursue you for infringing it. One thing to consider. If they did not have the $1,200 to pursue a federal trademark registration, how likely is it that they will pay the cost of a lawsuit, especially with no chance of recovering attorney fees. Watch out though. They may just be using TM or SM while their federal trademark registration is pending.

Why Get a Federal Trademark Registration?
Only a federal trademark registration holder can use ®. Use by anyone else, even someone who has merely filed an application, but not yet received the federal registration may be subject to a lawsuit for fraud and false advertising. Additionally, using the ® without a federal registration in hand may prevent you from ever getting a federal registration. Federal trademark registration allows you to recover your attorney fees and up to three times your actual damages if the infringer was "willfully" infringing your trademark. This means the infringer may be liable for ten times or more the actual damage caused. As you might imagine, the ® serves as a pretty aggressive warning to infringers. The best part about the ®, is that it dissuades most would-be infringers without you ever having to lift a finger.

Brett Trout

Top 10 Things You Need to Know About Digital Natives

Who are Digital Natives?
Digital Natives, a term coined by Marc Prensky in 2001, refers to anyone born after 1980. By age 20, Digital Natives will spend 20,000 hours online. Everyone else, including your humble narrator, is classified as a Digital Immigrant. Even though we, as Digital Immigrants, created the current technological environment, we consistently cede ground to Digital Natives. Their takeover of the entire digital landscape is manifest destiny. Thankfully, they seem to know what they are doing. Before the transformation is complete, it might be wise to understand what motivates this new digital ruling class.

10) Transparency
As Digital Immigrants, we are wary of thieves, idiots and con artists. We never lay all of our cards on the table at the first meeting. We get to know you, we find out about you, then we trust you and tell you about ourselves. It is a slow process, but one which avoids inadvertent entanglement with a disreputable partner. Digital Natives lay everything out for the world to see. They are radically transparent. From blogs, LinkedIn, Facebook, YouTube and myriad other sites kept from prying eyes of those over 35, anything you (and the rest of the world) want to know about a savvy Digital Native is out there. The Natives want you to know as much as possible about them before they meet you. Throwing everything online allows digital vetting. If the Digital Native is a thief, a scammer, a liar or even just an idiot, the harsh voice of the digital vox populi, so the theory goes, will surely expose these warts. Placing everything online has the risk of alienating potential contacts that may not like your views on politics, religion et cetera. Online exposure also attracts the matches who are attracted to this 21st century curriculum vitae.

9) Play in Their Work and Work in Their Play
Digital natives want jobs that are fun ... not necessarily jobs which everyone sees as fun, but jobs which they find personally enriching. They are more amenable to working longer hours for lower wages if they do something they love. Working at something they love, they tend to excel, often expanding their jobs into new areas which they themselves discover. In play, Digital Natives are drawn toward social activities involving large diverse groups. They often see activities as forums for learning and fostering their networks. While open salesmenship is rare, they come with questions and ideas which Digital Immigrants avoid discussing outside of a signed non-disclosure agreement. Natives key in on being a valuable part of an enriching community, at work and at play.

8) Quantity over Quality - Speed over Accuracy
That is not to say Digital Natives do not care about quality or accuracy. Having been weaned on spin doctors, Digital Natives are actuely aware every source comes with its own bias. Digital Natives  constantly receive information from dozens of sources, including text messages, e-mails, phone calls blogs, social networks and even archaic media such as television. They process information an inch deep and a mile wide, until they find what they seek. Digital Natives often scan, sift and digest more news in an hour than Digital Immigrants process in a week. Receiving as much information, as quickly as possible, from the most reliable sources, Digital Natives are confident in their abilities to separate fact from fiction.

7) Say No to Negativity

As a lawyer, this has been the hardest aspect of Digital Natives for me to understand. From a young age, my siblings, friends and schoolmates assisted my development by sarcastically deriding any perceived error. I quickly discerned the rhyme and meter of this dance and am able to differentiate bullying, constructive criticism and fear of new ideas. This skill I honed to a razor's edge in law school and the subsequent practice of law. Bringing my adroit verbal rapier to bear on Digital Natives however, yielded  unexpected results. They were raised in a different age. Not better. Not worse. Just different. I never received a participant trophy when I was young. If I had, I would have hid it from anyone whose opinion I valued. Conversely, most Digital Natives were raised on constant positive reinforcement. Negativity was viewed ... negatively. Far from making them whiny and lazy, this background has made them open and collaborative. Saying "no" is anathema without providing an alternative solution. Ideas are no criticized, but instead repeatedly stripped down and built up until they either stand on their own or fail. As a result of this process, even ideas which lead to failure are seen as a positive.

6) Failure is a Gift
Digital Immigrants wore failure as a scarlet letter, going to lengths to avoid it or pin it on someone else. Digital Natives view failures as merit badges, things they need to discover before they eventually reach their goals. They know failures teach them things no one else knows, giving them an advantage over any unschooled competition. The most remarkable Digital Natives share stories of their unique failures within trusted groups, not as a form of commiseration, but as a form of advanced learning, giving and receiving gifts not available from any other source at any price.

5) Create or Die
Content is the new commodity. To Digital Natives, it determines who you are and what options you have. Whether it is YouTube videos, ebooks, blog posts, tweets or a string of successful startups, your reputation and your worth are judged by what you have created. While someone with an extensive scholarly background may have the chops to take a company to the next level, to a Digital Native, they are at a competitive disadvantage with a high school dropout who has successfully replicated the implementation at four other companies. Digital Natives are more concerned with their ideas taking root, than in actually receiving compensation for the idea. If they come to an impasse with their idea, they put it out for the world, with the hope that others add and subtract from the idea until it becomes viable. Creating content brings people of a like mind together. The more ideas you have, the more opportunities you have to stand on the shoulders of giants and see your ideas through to fruition. 

4) Technological Bulimia
Aware that the amount of valuable information available to them far outstrips their ability to process all of it in a thousand lifetimes, Digital Natives are constantly on the lookout for the latest technology to assist them in processing ideas more quickly. They crave technology not for technology's sake, but as a tool to assist them in getting from point A to point B better, faster cheaper and easier.

3) Collaboration as a Culture
Collaboration outside of one's business was anathema to many Digital Immigrants. "I worked hard, and paid my dues to obtain this information. Why should I give it away for free?" Digital Natives see things differently. "If I give one valuable piece of information to five intelligent people, I will probably receive at least three pieces of valuable information in return." Sure, there are those who try to take advantage of the system, always taking and never giving, but with the speed of information transmission, these individuals are quickly discovered and cut off from future collaboration.

2) Follow Leaders of Trusted Tribes
Digital Natives are more blind to stereotypes than Digital Immigrants. Ignoring borders, language, age and culture, Digital Natives flock to influencers capable of providing the best information at any given time. As a shortcut to determining who is the most trusted influencer, Digital Natives look at who else is looking to a particular individual for advice. In this case, it is quality over quantity of followers. Ashton Kutcher and Sean Combs each have over one million followers on Twitter. Despite their followings, however, they are less influential in that arena than people like Pete Cashmore or Michael Arrington. Despite having fewer followers, the latter two individuals have influential followers and are, therefore exponentially influential. Discovering who a Digital Native trusts provides a wealth of information about who they are and where they are going.

1) Balance
The Holy Grail for a Digital Native contains a balance of friends, family, work and play. If you find a way to help them achieve this balance, or better yet combine these goals, you will see what Digital Natives can truly acheive.

Digital Natives are not "slackers." Just the opposite. Most work long hours for little pay when pursuing an activity they love. The key is finding out what there is for them to love about you and your company. Understanding their goals, and incorporating them into your business strategy, may translate what you previously dismissed as a liability, into one of your company's most valuable assets.

Brett Trout

Social Networking Yourself Into Identity Theft

Identity Thieves Getting Smarter
Identity thieves are savvy. They learned long ago that obvious grabs for your personal information garner far fewer suckers than a more subtle grift. One of the more recent inventive schemes is abusing social networks by turning the scam into a game. According to PC World's blog, scammers are now leveraging your friends to learn answers to your online security questions. 

The Game
The scam involves a game which asks you to post your "Twitter Porn Name." Your Twitter porn name, according to the rules, includes combinations of your first pet's name, your mother's maiden name and the street you grew up on. Not surprisingly, this information likely contains the answers to the security questions needed to access one or more of your online accounts.

The Scam
With this information, scammers can, posing as you, contact various these various Web sites and indicate they have forgotten your login information. When presented with your security questions, the scammer uses your Twitter porn name information to gain access to your account. According to What the Trend, the scam can also be used to scare people into visiting another Web site for more information about the scam, thereby increasing ad revenue for the site.

The Solution
Social media is designed to be a fast-paced exchange of ideas. Scammers exploit this feature to their advantage. Do not get caught up in the moment. Always think before you respond. Be wary of any request you receive for personal information, even if the request comes from a trusted friend. Although most requests are likely genuine, it only takes a single scam to cost you thousands of dollars and years of headaches.

Brett Trout

Media Interests Now Dictating To Two Branches of Government

Big Media Extends Its Reach
Apparently, not content bullying lawmakers into killing Net Neutrality and throttling the Internet before the public gets wise, Big Media has turned its attention toward the courts. The International Federation of the Phonographic Industry copyright laws goes unpunished. So where is the problem?

Old Dog New Trick
Copyright laws were written long before the Internet came into its own. This means that lawmakers never considered things like iPods or downloading music. Thankfully for Big Media, courts have been rather generous in interpreting old copyright laws to cover new activities. Even though the original drafters of the Copyright Act never could have anticipated people would be uploading music to the Internet, courts interpret this new activity to be an infringement, even under the old laws.

Losing Trust
Problems arise as the activities become more and more attenuated. What if you merely own the computer used to download the music? What if you know your roommate is downloading music, but take no steps to stop him or her? Ostensibly, laws are written to inform people what they can and cannot do. When courts start applying laws to activities far outside the scope of the law, innocent people go to prison and the public ceases to respect the rule of law.

The Pirate Bay
The Pirate Bay is a Web site which stores the location of file fragments stored on personal computers all over the world. These files may be music files, documents, video, et cetera. If someone wants a copy of a music file, instead if downloading the file from one computer, a user can use The Pirate Bay tracking system to locate fragments of the file located on various other computers and download all of the fragments simultaneously. Despite not actually downloading, uploading, transmitting or storing any infringing files itself, the Web site has been accused of being "one of the world's largest facilitators of illegal downloading."

The Trial
On Feb. 16, 2009, Swedish prosecutors haled The Pirate Bay's principals, Frederik Neij, Gottfrid Svartholm Warg, Carl Lundstrom and Peter Sunde, into court. Within two days, the prosecutor dropped half of the charges. Within nine days, the trial was over. The defendants all admitted what they had done, but staunchly maintained their innocence, contenting no law prevented them from doing what they had done. Applying the evidence to the law, the public and the defendants felt comfortable they would be acquitted of all charges.

The Verdict
Not only did Judge Tomas Norström not acquit the defendants, he sided with record industry cronies, handing down Draconian sentences of one year in prison and a $3.5 million fine. The verdict shocked the online community. The IFPI however, was likely less than surprised.

The Judge
Not only was judge receptive to the claims of the IFPI, he was in league with them. Judge Tomas Norström was a member of several pro-copyright plaintiff organizations, including the Swedish Association of Copyright (SFU), the Swedish Association for the Protection of Industrial Property (SFIR), and the SE (The Internet Infrastructure Foundation). Notwithstanding, Judge Norström unilaterally determined his affiliation with these organizations did not constitute a conflict of interest. Ironically, Judge Tomas Norström actually recused one of the original lay judges on the case, when it was discovered the lay judge had been involved with a musical rights group.

The Problem
While the short term effects of this case may by minor, the long term effects are devastating. Even the appearance of impropriety in imprisoning innocents at the behest of corporate interests cannot help but irrevocably undermine the public's faith in the judicial system. Even though this case occurred in Sweden, it sets a dangerous precedent. According to Rick Falkvinge, leader and founder of Sweden’s Pirate Party, "The copyright lobby has really managed to bring corruption to Sweden" with the judge's actions reflecting “corruption on a completely unforgivable level.” How long before this case emboldens similar interests to take action in the United States? Once corporate interests are allowed to use old laws and tough cases to improperly convince judges to make bad decisions, the rule of law is lost.

Brett Trout

All Media Is Social Media

Social Media
"Social Media," a buzz word for several years, has resurged with platforms like Twitter. What is Social Media? Broadly defined, Social Media is any form of interactive communication. Under a more narrow interpretation, Social Media is an Internet arena where people share, rather than sell. Purists do not consider radio, television, conversations and daily activities to be social media. Regardless of the definition, all media has the potential to become Social Media.

Becoming Social Media Star
One way to become a Social Media star is to work hard, for a long time, investing a lot of money and be lucky enough to originate an idea the rest of the Internet finds clever. A faster way to Social Media stardom is to make a mistake. Social Media is often served with a side of Schadenfreude, so the bigger the mistake the better. A recent example involves the firing of three local radio personalities from KNXO radio. The situation involved on-air radio personalities who believed, incorrectly, that during a commercial break their profanity-laden tirade was not being broadcast. The novelty of the situation transformed it from "regular" media to Social Media overnight. The incident instantly became fodder for comments on Twitter and Facebook, as well as the subject of a YouTube video with over thirty thousand views. Obviously, it is preferable to define your corporate brand via Social Media before Social Media defines your brand.

Not "If," but "When"
If your company has not yet inadvertently become the subject of Social Media, you are either small, have nothing to do with the Internet, or you are simply not listening in the right places. Becoming the subject of Social Media is not bad. In fact, it is usually good. Good or bad it is important to know what is being said. If what is being said about your company on Social Media is good, leverage it. If it is bad, turn it around before it spins out of control.

Action Plan
The first item on your Social Media action plan should be do something. Social Media moves quickly. If you wait, it is unlikely your solution will overtake the problem. All media is social. Act like everything your company does is potential fodder for Social Media. It is. At its most basic, your Social Media plan should include monitoring your company's name on social media sites like Twitter for potential problems. You should implement a Google Alert to email you whenever something on the web mentions your company.  You may also wish to select some blogs which discuss your industry and set up an RSS feed to deliver recent posts directly to your computer. Addressed early, many potential problems can be converted into opportunities to impress the online community with your attentive customer service.

Being Proactive
A passive approach to monitoring Social Media should be a part of every business. The next step, proactively producing social media, is not right for each company. The last thing you want to do is create problems. If you decide to enter the Social Media field, your company should have a written policy outlining your company's expectations of employees engaging in Social Media and other online activities. Simply opening this line of communication can avoid future headaches.

Friend or Foe
Many companies use Social Media to develop strong ties with customers. Others leverage Social Media to monitor the competition or protect intellectual property. The key is to be sure that what you do in Social Media will have the intended effect. Social Media leverages your voice. You can use it to increase the reach of your brand or destroy years of goodwill overnight.

Make a Plan
Develop a game plan before embarking upon any course of action. A wildly successful Social Media business model for your competitor may not fit you. More importantly, Social Media customers are savvy. They do not want a Social Media clone of your competitor. Start slowly. Use Social Media to develop your company's unique voice. Use Social Media to listen to your customers and exceed their expectations. Soon you will these ideas seeping offline and into your business. Done right, Social Media will make your business bigger AND better.

Brett Trout

HT: Christine Branstad, Esq.

Teenagers 'Sexting' Their Way Into Trouble

Sexting

Sexting is the latest phenomenon getting teenagers into trouble. It can lead to shame, humiliation, cyberstalking, bullying, felony criminal charges, sex-offender registration and even suicide.  Sexting involves sending lewd text or pictures electronically to someone over a mobile phone or computer. Sexting often starts with a teenage girl sending a nude or semi-nude picture of herself to a boyfriend. Once the relationship sours, the boyfriend sends the picture on to friends, causing the girl to experience humiliation and unwanted advances. As with anything transmitted online, once a lewd photograph is released into the wild, there is very little chance of stemming its viral dissemination.

Legal Ramifications

The punishment for sexting depends on the age of the victim. If the pictures are of someone over 18, the person resending the pictures typically is not violating any laws, leaving the victim essentially helpless. If the pictures are of someone under eighteen, however, anyone possessing and/or resending the pictures may be subject to felony criminal charges and/or registration as a sex offender for child ponography.

Bigger Than You Might Think

Recent studies have shown up to 20 percent of teens have engaged in sexting and up to 40 percent have been asked to send nude photos of themselves. As with many things, teenagers often to appreciate the full ramifications of sexting until it is too late. Ramifications include imprisonment and even suicide. The key is educating teenagers before a problem arises.

Who Is At Risk

Any child with access to a digital camera or cell phone should be warned about the ramifications of not just sexting, but of sending anything online they would not be comfortable sharing with their parents. Things they post today can come back to haunt them years, or even decades down the line. It may get them bullied, fired, imprisoned or worse. Even if your child does nothing but receive an inappropriate message sent by someone else, they may be charged with child pornography.

Talk To Your Children

Advise your child early of the problems and the lifetime consequences of such behavior. When it comes to sexting, an ounce of prevention is worth several tons of cure.

Brett Trout

Top 10 Ways to Get Fired By Your Lawyer

Fired by your lawyer? Seems like an odd concept. Won't a lawyer take any client willing to pay? Indeed some will. The best ones will not. Life is simply too short.

If you treat your lawyer like a commodity, you run the risk of losing the most important part of the attorney/client relationship. Even if you think you only need the lawyer for a single project, there are certain things you, as a client, can do to sabotage the relationship:

10. Lie to your lawyer. This is the number one thing you can do to get your lawyer to fire you. Your lawyer is your representative. Every case has its warts. Your lawyer can only help you if he or she knows the whole story. If you lie to your attorney, or fail to disclose pertinent information, by the time the lawyer finds out from the other side, it is often too late.

9. Ask your lawyer to lie for you. Contrary to what you might have seen on television, it is rare for an attorney to lie. Skilled attorneys pride themselves on finding equitable solutions within the law. Asking your lawyer to lie speaks volumes about you as a client.  If you ask your lawyer to lie for you, it is unlikely you will get a second chance.

8. Slow pay. Failing to pay your bill within 30 days of the invoice is no guarantee your lawyer will fire you, but it certainly does not help. If you have a concern about the bill, contact your lawyer immediately to discuss it. If you wait until your lawyer contacts you, it is more likely that your lawyer will view a dispute as a delaying tactic, rather than a genuine issue with his or her services.

7. Nitpick the bill. This does not refer to genuine fee disputes. Your attorney should clearly explain and itemize work on the invoice, but all lawyers occasionally make mistakes. Most good lawyers are eager to discuss and remedy fee issues.  If you consistently have issues with your lawyer's bills however, it is likely time to find a new lawyer.

6. Throw common courtesy out the window. Believe it or not, lawyers are people. While you are by no means required to sit through stories of your lawyer's new puppy's bladder infection, and certainly should not be charged for it, the more you treat your lawyer like a human being, the more likely you are to receive better service.

5. Call your lawyer after hours. While I receive calls after hours, it is almost always a genuine emergency. If you you discover a genuine problem after hours, your lawyer should provide some way to contact him or her for immediate advice. There are no hard and fast rules regarding after hours contact. Some clients, by the very nature of their business, require more after hours assistance. Fortunately, it should be fairly apparently from the tone of your lawyer's voice, whether or not you are abusing this privilege.

4. Demand everything immediately. Some types of businesses require immediate action on a lot of projects. If you have one of these businesses, make it clear from the start of the attorney/client relationship. Your lawyer may suggest an alternative fee arrangement for expedited service. At the very least, avoid violating any of the other nine items on this list to keep the relationship on good terms.

3. Be difficult to contact. Your lawyer receives a lot of time sensitive information on your behalf. Nothing is more frustrating than losing a great opportunity for a client just because the lawyer could not reach the client in time to capitalize. You end up spending more money for a worse result, leaving everyone unhappy.

2. Hold everything to the last minute. If you anticipate having to request your attorney doing something at the last minute, let them know so they can make room in their calendar. One last minute request is not going to sour a relationship, but if it starts to become a habit, your lawyer may decide to end the relationship before your next eleventh hour request comes 59 minutes too late.

1. Ignore your lawyer's advice. Lawyers are not always right. If you do not agree with your lawyer, tell him or her so. If you want to proceed along a different path, a good lawyer should be able to lay down the best strategy for this new approach. If your lawyer believes you have agreed to pursue one course, however, and you unilaterally pursue another, this is a warning sign for any attorney that large problems loom just around the corner.

Other than lying to your lawyer or asking him or her to lie for you, it is unlikely that violating one of the foregoing rules will get cause your attorney to end the relationship. These are not hard and fast rules. If the violations stem from the nature of your business and/or you are an otherwise good client, most attorneys will overlook most of these issues. Unfortunately, once you have pushed too far, it is unlikely the relationship will ever recover. All too often, clients do not realize what they have lost until they go looking for a replacement. If you think finding a good attorney is hard, try finding one after being fired by your last attorney.

The key to any attorney/client relationship is communication. Open and honest communication (on both sides) is key to getting the most out of your lawyer. Remember also, this is not a one-way proposition. It is just as easy to turn the foregoing rules around. If your lawyer is the one violating any of the foregoing rules, talk to them about it immediately. More than likely, agreement can be reached to avoid problems in the future. If not, you, rather than the attorney, may be the one doing the firing.

Brett Trout

The New Improved Internet - 200 Web sites, only $79.95 per month

I just had a discussion via Twitter (@BrettTrout) regarding Net Neutrality. The conversation revolved around ESPN's proposal to charge Internet Service Providers (ISPs) for access to online video. "What is the harm in this?" the argument went, "isn't that what the cable companies already do? I pay for MTV and CNN in my basic package, whether I watch them or not."

Cable television is the perfect analogy. If ESPN has its way, the Internet may indeed become exactly like cable. You get a basic package allowing you access to a few hundred websites. For a few extra bucks, you can access a few hundred more. And the remaining hundred million or so other websites? To visit those websites, all you will have to do is move to a country which had the foresight to guarantee Net Neutrality before it was too late.

What? I will only be able to access a few hundred Web sites? That is impossible. That could never happen. The Internet will always be free. Won't it?

Well campers, it is not only possible, but the longer we sit on our tails the more probable it becomes. From the prospective of your ISP and large Web sites, the cable paradigm is much more profitable than what we presently have. If they pare down your access from one hundred million Web sites, to a few hundred, several things happen:

1) These few hundred Web sites will be able to charge enormous amounts for advertising.
2) Some will be able to "kick-back" a portion of this increased revenue to your ISP in exchange for carrying those now extremely profitable websites. 
3) Other websites, like ESPN, will be able to invest this revenue into producing more desirable content for which they can actually charge your ISP a premium.
4) Your ISP passes these additional costs on to you, either in the form of increased monthly fees, increased advertising and/or requiring you to pay for access à la carte.

These few hundred Web sites make more money, your ISP makes more money, and you get left holding the bag. You pay more, for much much less. The worst part is that by the time you realize that there is a problem, it will be too late.

Can you imagine approaching lawmakers with the following pitch: "There are thousands of free video channels out there which cable subscribers would like to access through their existing cable connections. Why don't we pass a law that cable companies have to allow us access to any free video channels willing to plug into their cable system?" Regardless of how great this would be to consumers, or how little it would cost cable providers, you are never going to convince a lawmaker to legislate against an industry pumping millions of dollars into the political machine.

Conversely, if voters act before a system gets set in stone, we may have had a chance. All it takes is for your congressional representatives to vote "YES" on a Net Neutrality bill. Consumer advocates are strongly in favor of such a law. President Obama has even made it one of the priorities in his first year in office:

The only question is who is going to win the race for control of your Internet access. Are you going to convince your lawmakers to protect your access to the entire Internet?Or are you going to allow 800-pound gorillas and ISPs to conspire to irreparably change the face of the internet forever?

To find out more about what you can do to maintain fair and free access to internet, visit SaveTheInternet and the Open Internet Coalition. I would advise checking back here frequently for updates on the issue but if you fail to act soon, you may not have a Web site to come back to.

Brett Trout