Apps do a lot, but have you read their terms of use?

Apps do a lot, but have you read their terms of use?

This past weekend, when I had a few spare moments, I was perusing the terms of use of my Snapchat account.

What, doesn’t everyone do that?

Probably not. But we occasionally should wonder a little more about the legal side of those app-tastic tools.

For instance, I was struck by the open approach at the very top of those terms. In fact, they highlight a binding arbitration provision you may be agreeing to. The ALL-CAPS are theirs:


Charming, in a way—though certainly driven by courts that have looked askance at such provisions when they are hidden away, deep down in legalese. But no one who glanced at even the top sentence of Snap’s term could miss that blunt warning.

Turns out, I could have opted out of the requirement of mandatory binding arbitration, simply by sending a letter to that effect to their snail-mail address (within 30 days of these changed terms).

Did I? No, though I considered it simply as a fun exercise (and a second blog post!). I passed on the legal Bartleby moment partly through laziness. But partly also because I’m just conspiracy-theory-amenable enough that I would fear they’d take the six, or eight, or 10 decline-letters they receive every month and “accidentally” close our accounts.

Irrational? I get it. Whatevs.

And apparently, I’m not the only one fascinated by terms of service. Just this morning, the lead question in the ABA Journal’s legal-news quiz focused on PokemonGo’s TofS. So there:

PokemonGo terms of service was a subject in an ABA Journal news quiz this week. Do you know the answer? I did.

PokemonGo terms of service was a subject in an ABA Journal news quiz this week. Do you know the answer? I did.

Meantime, to add to our social media joy, how many of us are aware that social media clauses in prenuptial agreements are now a thing?

Plastic bride and groom with gavel, on white - divorce conceptIt’s true. Not only might you want to keep grandma’s stocks and grandpa’s bullion out of the hands of your formerly betrothed. Now, you want them to keep their hands off your social media assets.

Romantic, I know.

Read the essay by Jaburg Wilk attorney Jason Castle here. And follow him on Twitter @CastleAzlaw @Jaburg_Wilk

As Jason tells us:

“For example, the clause would address what and how information is shared whether it is positive, negative, insulting, embarrassing or includes flattering photos, images, or other content. I recommend keeping the clause as broad as possible to accommodate the rapidly growing technology because the technology of today will be outdated within 10 years. I also believe prior to marriage it is important for the parties to clearly understand what they each define as private and what is acceptable to be shared with others. Another component of a social media clause can include the ability to monitor the other spouse’s social media activities.”

And that’s even before he gets to the awfulness of revenge porn. I mean, people are the worst.

What new technology–law–love mashups have you come across recently? (And do you also read terms of use of your apps? Please say you do.)

Very scientific Venn diagram catalogs the human condition. love technology law

Very scientific Venn diagram catalogs the human condition.

To make the whole thing more legally accessible, I’ve created the Venn diagram above. You’re welcome. (And for all my law school professors who wondered about my legal acumen: Boom!)

Comment below or write to me at

Yes, that is Diamandbacks CEO Derrick Hall gettin' the feeling. Contagious, isn't it?

Yes, that is Diamandbacks CEO Derrick Hall gettin’ the feeling. Contagious, isn’t it?

Today’s lesson is a simple and short one. In this Change of Venue Friday, let’s talk about leadership—or at least leading in dance.

For a few years now, I’ve had the privilege of collaborating with Derrick Hall on matters relating to downtown Phoenix, and it’s fair to say my day job and his—President and CEO of the Arizona Diamondbacks—are ballfields apart. In all the times I’ve spoken with him, I definitely spotted the sense of humor. But the rhythm? The tapping toes and tempo that can only be described as downtown?

To see that, and more, enjoy this video by the Diamondbacks. It taps into the rhythm of a smart leader—and a crack social media team. Here they are, putting their own spin on Justin Timberlake.


Have a terrific weekend—and don’t even think of stopping the feeling.

DBacks Derrick Hall video 1-page0001

Play us out, Derrick!

Oh, Twitter, right back atcha with that #love!

Oh, Twitter, right back atcha with that #love!

Some of you may find the following fact unastonishing: Today is the 10-year anniversary of Twitter.

Happy birthday, Twitter. I’m happy you’re here!

That most agile of social media channels has had some growing pains in the past year, and I am rooting for it to emerge stronger than ever.

The reason I’m a fan has everything to do with reader engagement—and the ability to learn news as it’s happening, rather than when a news conglomerate decides to drip-drip-drip out information.

Yes, in fact, Twitter does have a signature.

Yes, in fact, Twitter does have a signature.

Here at Arizona Attorney Magazine, Twitter was a game-changer. It has allowed us to know what was happening in real time. And it allowed us to share news as it broke. Pre-Twitter, unless you were the Associated Press, a TV channel, or a major daily newspaper, you were pretty much sidelined from breaking news, even in your own beat. But sweet sweet Twitter changed all that.

It’s helped in other ways. This past Friday, I presented to hundreds of legal leaders at the American Bar Association’s Bar Leadership Institute. I also invited continued dialogue on Twitter, and promised a gift of a terrific book to the best tweeter from the session. (More on that later.) No surprise, engagement spiked.

Because the digital world is all-knowable and all-knowing, I was able to look up my very first tweet, way back on August 12, 2009 (you can see it below). I was relieved that I did NOT launch my Twitter brief with a mention about my lunch. Instead, my inaugural tweet happens to combine a few of my fondest interests: lawyers and legal affairs, human rights, and historic preservation. A social-media trifecta!

my first tweet 08-2009-page0001

My first tweet: 140 characters pack a punch.

That was almost 25,000 tweets ago, and I am looking forward to all the conversations to come.

Feel free to follow me here; I’m pretty sure we’ll have a blast together!

social media heart love

… but maybe it’s just me.

How do lawyers and social media go together? You’d think pretty well, but the mashup recipe is more complicated than that.

A recent survey explored lawyers’ views of that media so social, and there may be a few surprising findings. You can read the story related to the survey here.

(And what’s up with the lack of questions about blogging, which is probably the primary digital game-changer? In its defense, this survey appears to focus on social-media channels or tools, rather than content-generators like blogs. Maybe the next survey …?)

Here is one of the findings:

“Strategy. There’s a 12 percent gap between the two age groups when it comes to using social media as part of their marketing strategy—69 percent of over-30 lawyers say it’s in their strategy, compared to 57 percent of younger lawyers.”

Besides that, we see attorneys are also comfortable with Linkedin, which on the social media spectrum is a warm blanket and fuzzy slippers. (Not to be judgy or anything.)

Findings from a 2016 social media survey of lawyers (via Attorney at Work).

Findings from a 2016 social media survey of lawyers (via Attorney at Work).

And all of that definitely resonates with my own experience.

I have presented before to attorneys and law students on the topic of social media. I went in assuming young folks would yawn, knowing all this stuff. And I thought older attorneys would scoff or otherwise cast aspersions on the topic.

What I discovered, though—especially in relation to blogging—was quite the opposite.

Many of the younger people I spoke with spurned blogging, while the older folks had detailed questions to enhance their blogs’ reach.

I previously wrote about one such interaction here, and that has led me to adjust my thinking on the challenges faced by a younger generation of lawyers.

What I mean is, they have been bludgeoned for years with news stories making them fear that a single digital misstep can damn them for eternity to unemployment. As we know from other research, people who have slogged their way through economic downturns are understandably cautious about upsetting their financial apple-cart. And so we hear from large numbers of young legal professionals declining to blog or do much else online that is perceived as public.

Long term, I believe that’s an unfortunate result. For as we know, career strategy is just another term for differentiation—and blogging done well can differentiate you.

Do you hope to be a thought leader? Get out of your foxhole.

What do you find interesting in the survey results? Write to me at

Findings from a 2016 social media survey of lawyers (via Attorney at Work).

Findings from a 2016 social media survey of lawyers (via Attorney at Work).

The Arizona Attorney Convention booth

The Arizona Attorney Convention booth

Keep up with what’s happening at the State Bar Annual Convention by following the editor on Twitter! Get short, timely messages (including photos, speaker presentations and more) from Arizona Attorney Magazine’s staff. If you, your firm or employer are active on Twitter, just insert the hashtag #azbarcon into all of your Convention tweets to allow them to be read and searched by fellow attendees and the entire legal community.

The Twitter links will take you to updates in our Convention Daily—news items and photos that will appear on the magazine blog, Facebook and Tumblr pages, and in our News Center:

And feel free to stop by the Arizona Attorney booth in the Frank Lloyd Wright building, or contact the editor, who is wandering about the Biltmore attending sessions.

He’s at 602-908-6991 and

The Arizona Attorney booth is circled in red (Booth # 10!).

Remember, the Arizona Attorney booth is circled in red (Booth # 10!).


This post is not aimed at lawyers whose practice is sailing along exactly as they would hope it would. Who have ample work, quality work, with clients who pay on time or early, and who never, ever argue about a bill. Who find creative pursuits within and among their legal work. Who have found particularly effective ways to differentiate themselves in a field of talented competitors. Whose hair is always just so.

Those folks will benefit not a whit from a recent blog post (not mine) that touting blogging as one of the top three Internet marketing activities.

And why (once again) does blogging matter? Because the definition of business strategy can be summed up in that one word that starts with “D”—differentiation. And blogging may be uniquely suited to convey an attorney’s talents, approach, and world view.

Um, yes, your world view matters to potential clients. Not your take on politics (better left to yourself). But the way you align yourself amidst challenging and thorny legal issues. The way you think through things, convey your position, and remain focused on the client at all times (the most important thing, of course).

Websites can do some of that lifting, but that’s where clients typically find the milquetoast puffery that reminds the world you are “full-service” (whatever that is), or that you were in an Order that had to do with the Coif (I go to Supercuts myself). That kind of stuff? It’s the opposite of differentiation.

So read this helpful post that describes blogging and two other online activities you should consider.

And if you’re still on the cyberspace fence, read this piece to hear how referral networks—via blogging—may be helpful to you.

My opening #BLI15 communications slide. #itsnotatypo

My opening #BLI15 communications slide. #itsnotatypo

Yesterday, I promised to share my decision on whose tweets from the ABA Bar Leadership Institute communications session were the most splendiferous. Today, I honor that promise.

Ultimately, I come to praise four folks—and I end this post with our Big Winner. Each of them will receive a special audiocassette (why audiocassesttes? Read here and here.). Of course, to receive their prize, they have to contact me at with their snail-mail address!

Here are photos of the audiocassettes; click them to biggify (I’m still not sure who gets which, except for The Big Winner):

And before I forget: If you go to the end of this post, you’ll also see that we had huge Twitter engagement during our session. So I’m pleased to name and thank many of those talented folks. (Want to see nearly everything? Here’s my Storify from the session.)

Every one of the people appearing in today’s post deserve a follow by you on Twitter. Get to it!

Without further ado, here are our four winners:

Whitney von Haam @wvonhaam

Whitney offered engagement, excitement, and even a suggestion that she will change her life’s mission statement—all in response to our presentations! Not to mention her use of the hashtag #notthesameoldkitchencabinet

Here are a few of her tweets:

John Trimble @IndyBarPres

Look at John’s tweets below and note a few things:

  • He’s concise and to the point.
  • He “gets it” on a very deep level.

His classic approach is appreciated by busy tweeters everywhere:

And this, not officially during our session, is still eloquently put:

Yvonne McGhee @Yvonne_McGhee

Yvonne has been a leader’s leader for years, and her tweets show how adept and generous she is as she offers praise and insights.

Plus, she used the hashtag #truth at an evocative moment. I think you’ll agree that Yvonne shares the love in wonderful ways:

… which refers to this slide:

A young Dustin Hoffman learns about mobile.

A young Dustin Hoffman learns about mobile.

Tom Prol @tprol

So if you’re paying attention, you’ll see that Tom Prol is our big Twitter winner (Twinner?). Therefore, he will receive the fantastic tape from the band Spinal Tap.

What did I love about Tom’s tweet-valanche? Only a few things. His:

  • Quick thinking
  • Art direction and composition
  • Overall excellence and willingness to engage
  • Entrepreneurship to immediately take a selfie with a colleague as I took one in the BLI audience

Wowser. Tom puts the “wit” in Twitter, as you’ll see below:

Other Talented People

Here are some other terrific tweeters from the session (but a guy only has so many cassettes):

As I mentioned, if you want to relive that morning (I know you do), traipse over to my Storify here.

Finally, what do I take away from this amazing roster of tweeters?

  1. It’s far larger than I had expected.
  2. Association folks are witty and quick.
  3. I am surrounded by generous and smart communicators.

All in all, a #winning month. Thank you to all my amazing colleagues!