1 VIRGINIA 2009 UPDATE: Preventing Legal Malpractice Claims and Ethics Complaints in Your Law Practice PRESENTED BY: Wendy Inge, Director of Risk Management Programming AND Jill Wells Nunnally, Risk Management Consultant 2009 Minnesota Lawyers Mutual Insurance Company No reproduction without written permission.
2 THIS MATERIAL IS PRESENTED WITH THE UNDERSTANDING THAT THE PUBLISHER AND THE AUTHORS DO NOT RENDER ANY LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IT IS INTENDED FOR USE BY ATTORNEYS LICENSED TO PRACTICE LAW IN VIRGINIA. BECAUSE OF THE RAPIDLY CHANGING NATURE OF THE LAW, INFORMATION CONTAINED IN THIS PUBLICATION MAY BECOME OUTDATED. AS A RESULT, AN ATTORNEY USING THIS MATERIAL MUST ALWAYS RESEARCH ORIGINAL SOURCES OF AUTHORITY AND UPDATE INFORMATION TO ENSURE ACCURACY WHEN DEALING WITH A SPECIFIC CLIENT S LEGAL MATTERS. IN NO EVENT WILL THE AUTHORS, THE REVIEWERS, OR THE PUBLISHER BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS MATERIAL. THE VIEWS EXPRESSED HEREIN ARE NOT NECESSARILY THOSE OF MINNESOTA LAWYERS MUTUAL INSURANCE COMPANY. The 2009 Update on Preventing Legal Malpractice Claims and Ethical Complaints in Your Law Practice is presented as a risk management service of Minnesota Lawyers Mutual. All rights reserved. This material cannot be reproduced or used without the consent of Minnesota Lawyers Mutual and Wendy Inge. Call
3 Founded in 1982, Minnesota Lawyers Mutual Insurance Company (MLM) has provided professional liability insurance and risk management services for Virginia lawyers since MLM is committed to being an efficient, accountable and permanent practice management resource, exemplified by an AM Best rating of A (Excellent), and the payment of a policyholder dividend for the past 21 years. MLM is committed to make the profession better by educating policyholders and the legal community. Our relationship with our customers is far more than a contractual policy. MLM has a full array of superior services including the new Practice Assets service at exclusively for MLM policyholders. It is designed to help policyholders operate a safe and profitable law practice. MLM is staffed with attorneys who are experts in legal risk management, ethics, and law office technology. We encourage policyholders to visit our website at to learn more about MLM s benefit offerings. Learn more about Minnesota Lawyers Mutual Insurance: If you are searching for a stable provider of legal malpractice insurance with useful practice management information, Minnesota Lawyers Mutual is the resource you need. Coverage highlights include: Full prior acts coverage including coverage for lateral hires and firm mergers First dollar defense (deductible only applies to damages) Predecessor firm coverage Retired lawyer policy Innocent insured protection Automatic coverage for former partners and employees at retirement Coverage of attorney fees, costs, and expenses concerning disciplinary proceeding and attendance during claim matters. Contact us at: MLM s online process makes purchasing and renewal easy! Cut here Please contact me with more information about the benefits of insuring with MLM Firm Name Phone Contact Name Address Address Current Policy Expiration Date Forms can be ed, faxed or mailed to Minnesota Lawyers Mutual Minnesota Lawyers Mutual 333 South Seventh Street, Suite Minneapolis, MN Fax 2009 VA
4 PROGRAM EVALUATION Virginia 2009 Update: Preventing Legal Malpractice Claims and Ethics Complaints in Your Law Practice Date: Location: City State I. Overall Evaluation: YES NO N/A Will the information be useful in working with your clients? Was the program of general interest? Will the handout materials be useful to you? II. Rate the following: EXCELLENT GOOD FAIR POOR Speakers Materials Subject coverage Scheduling of the program Facility used Administration of the program III. What were the strengths and weaknesses of the program? IV. Additional comments or information: V. Are you in private practice? Yes No VI. Please check appropriate firm size: Solo Small (2-6) Medium (7-20) Large (21+) Would you like to be put into MLM s database for future contact? Yes No Address: Name: Firm: Thank you for participating in the evaluation. (VA 2009)
5 Virginia MCLE Board Virginia State Bar 707 East Main Street, 15th Floor Richmond, VA Phone: (804) Fax: (804) CERTIFICATION OF ATTENDANCE (FORM 2) To ensure proper credit, pursuant to Paragraph 17B, C and D of Section IV, Part Six, Rules of the Supreme Court of Virginia, please list your bar ID number, and print full name and address. The information provided will be available for inspection by the public under the Freedom of Information Act. Member Name: VSB Member Number: Official Address: Of Record: Daytime Phone ( ) Address: City State Zip Course ID Number: MNW001 Sponsor: Minnesota Lawyers Mutual Insurance Company Course/Program Title: 2009 Update: Preventing Legal Malpractice Claims and Ethics Complaints in Your Law Practice CLE (Ethics) Credits: 3.0 (3.0) CERTIFICATION Date(s) Attended: Location(s): By my signature below, I certify that: I attended a total of (hrs/mins) of approved CLE, of which ( ) (hrs/mins) were in approved Ethics. The sessions I am claiming had written instructional materials to cover the subject. I participated in this program in a setting physically suitable to the course and a suitable writing surface was available. I was given the opportunity to participate in discussions with other attendees and/or the presenter. I understand I may not receive credit for any course/segment which is not materially different in substance than a course/segment for which credit has been previously given during the same completion period or the completion period Immediately prior. I understand that a materially false statement shall be subject to appropriate disciplinary action. NOTE: Credit is awarded for actual time in attendance at approved presentation rounded to the nearest half hour. Date Signature (A materially false statement shall be subject to appropriate disciplinary action.) You may certify your MCLE attendance online at MCLE Completion Deadline - October 31 Deadline to Certify MCLE Approved Hours - December 15 A $100 fee will be charged for failure to comply with either deadline. Fax transmissions are subject to receipt by the MCLE office of complete and legible forms.
6 Virginia 2009 Update: Preventing Legal Malpractice Claims and Ethics Complaints in Your Law Practice SCHEDULE 8:30 AM 9:00 AM... Check-In 9:00 AM 10:45 AM... Video Vignettes I, II and Panel Discussion 10:45 AM 10:55 AM... Break 10:55 AM 12:15 PM... Video Vignettes III, IV and Panel Discussion SEMINAR LOCATIONS Tuesday, March Annandale, VA Northern Virginia Community College Monday, March Lynchburg, VA Holiday Inn Select Tuesday, March Roanoke, VA Salem Civic Center Wednesday, March Manassas, VA GMU Prince William Campus Verizon Auditorium Thursday, March Chesapeake, VA Chesapeake Conference Center Friday, March Richmond, VA Sheraton Richmond West Monday, April Charlottesville, VA Omni Charlottesville Hotel Tuesday, April Fredericksburg, Virginia Riverside Center Wednesday, April Richmond, VA Omni Richmond Hotel Thursday, April Annandale, VA Northern Virginia Community College Friday, April Norfolk, VA Radisson Hotel Norfolk Wednesday, May Grundy, VA Appalachian School of Law
7 TABLE OF CONTENTS Page I. THE CLIENT THAT WAS OR WASN T?...OR WAS?... 1 Facts... 1 Questions... 2 A. Social Networking: New Avenues for Professional Development?... 3 Rule 7.1 Communications Concerning a Lawyer s Services and Comments [1-2]... 3 Rule 7.2 Advertising... 3 B. Business Advice: Was Ryan Selling the Deal to the Investors?... 8 C. Who is the Client?... 9 Rule 1.7 Conflict of Interest: General Rule... 9 D. Even if the investors are not represented Rule 2.3 Evaluation for Use by Third Party Neutral and Comments [3-4] E. Prospective Clients: What duties are owed to Madison as a prospective client? VA Rules of Professional Conduct Preamble under Scope Fourth Paragraph Rule 1.6 Confidentiality Rule 1.7 Conflict of Interest: General Rule Rule 1.9 Conflict of Interest: Former Client Rule 1.10 Imputed Disqualification: General Rule Rule 1.18 Duties to Prospective Client and Comment  F. Conflict of Interest: Could limiting the scope of the information provided by the prospective client prevent a future conflict? G. Intake Procedures: Evaluate the firm s intake process, how could it be improved? H. Turning Over the Prospective Client s File Rule 1.16(d)(e) Declining or Terminating Representation I. Responding to a Subpoena Rule 1.6 Confidentiality of Information J. Fitness to Practice Law and Mandatory Retirement Rule 1.1 Competence Rule 8.3 Reporting Misconduct Rule 5.1 Responsibilities of Partners and Supervisory Lawyers II. PRE-NUP PRESSURE (DOMESTIC) Facts Questions A. Representing Friends and Family Rule 1.4 Communication B. Identifying the Client Rule 1.7 Conflict of Interest: General Rule and Comments , [19-20] and [26-33] C. Drafts Rule 1.1 Competence D. Files and Documentation E. Notifying Your Malpractice Carrier of a Problem F. Defending Two Suits at Once... 45
8 III. BIGGEST LOSER: LEGAL EDITION Facts Questions A. How does MLM s practice area data match up to the ABA s practice data? B. Top Five Practice Areas Rule 1.1 Competence C. Firm Size: How does firm size affect claims exposure? D. Experience of Lawyer E. Is severity on big indemnity payouts rising? F. What types of errors cause claims? G. Ethics Complaints: Are they still rising? H. What does the future of claims look like? IV. IT ALL ADDS UP (FORECLOSURE) Facts Questions A. Law Firm Technology Rule 1.6 Confidentiality of Information B. Is the Volume Too Large to Handle? Rule 1.1 Competence and Comments [1-6] Rule 1.3 Diligence and Comment  C. Aiding the Unauthorized Practice of Law Rule 5.5 Unauthorized Practice of Law and Comments [1-3] Rule 5.3 Responsibilities Regarding Nonlawyer Assistants and Comment  D. Fees Rule 1.5(a)(1) Fees E. Advertising Rule 7.1 Communications Concerning a Lawyer s Services Rule 7.2 Advertising Rule 7.3(d) Direct Contact with Prospective Clients and Recommendation of Professional Employment and Comment  Rule 5.4 Professional Independence of a Lawyer F. Doing Business with Your Clients Rule 1.8(a) Conflict of Interest: Prohibited Transaction Rule 5.4 Professional Independence of a Lawyer G. How Can You Recession-Proof Your Law Practice? Practitioner s Resources for Avoiding Legal Malpractice Claims and Ethics Complaints APPENDIX I: Engagement Letter APPENDIX II: Non-Engagement Letter APPENDIX III: File Opening Checklist APPENDIX IV: Creating Conflict Search... 93
9 Virginia 2009 Update: Preventing Legal Malpractice Claims and Ethics Complaints 1 I. THE CLIENT THAT WAS... OR WASN T?... OR WAS? Facts: Our lawyer, Ryan, is upset. Another senior partner in the firm, Dan, apparently failed to follow up with a prospective client. The younger lawyer, Ryan, feels that Dan is experiencing some memory problems and is not following firm procedures regarding conflicts checks and file openings. Dan is also not tech savvy when it comes to computers and , so his secretary does most of that for him. Nonetheless, Dan has been an asset to the firm for over twenty years, even if he doesn t always embrace new technology and needs a reminder here and there. Now a serious problem has cropped up because there is a conflict of interest between the prospective client Dan had contact with a while ago and a new client that Ryan has been representing on a business deal. Some months ago, a new client, Andy Bowman, found Ryan through his LinkedIn page, because they were both into cycling. It turned out, in addition to comparing biking adventures, Andy needed some legal help with a business venture he was trying to get moving. After some discussion, Ryan agreed to represent Andy Bowman and RH Medical Technologies on a deal to secure investors to raise capital to launch production of a new product that would improve the longevity of certain artificial joints and make them less prone to rejection. Ryan began to work on the deal, preparing and drafting the necessary documents to involve the private investors, a business plan, a memo of intent, opinion letter, etc. Meanwhile, a business broker worked on soliciting interest from possible private investors. Qualified investors were referred to Ryan for additional conversation and information about the deal. Ryan admits he interviewed and negotiated with the investors to determine how serious they were and what they we willing to contribute financially, and he discussed and answered questions generally about the product. Andy Bowman was also available to the investors to answer questions. Once the investors were on board, Ryan prepared the necessary documents to finalize the deal. Only one of the five investors had his own lawyer who reviewed the documents. Regarding the rest of the investors, Ryan explains that he tells them he doesn t represent them individually, and besides, it just isn t practical the way these deals come together to do a conflicts disclosure letter; it could actually chill the deal and prevent him from getting the investors to the table. These are sophisticated investors (four doctors and a businessman), entrepreneurial types who are very hands on; they know what they re doing and if they have a lawyer fine, but I m really the lawyer for the deal and everyone knows that. So the investors put up their money, and the deal gets signed. Now there s a wrinkle; the investors have learned that a trade secrets suit has been filed by a guy named Madison who used to work with Andy Bowman at another company before Bowman started RH Medical Technologies. The investors are furious at Andy Bowman and Ryan and have hired a lawyer to file suit. They are alleging breach of contract, fraudulent inducement, breach of fiduciary duties, and legal malpractice. They claim Ryan had multiple conflicts. First in representing the investors, Bowman, and the entity, he had a conflict, and he gave them bad business advice about the safety and viability of the investment. Moreover, secondly, Ryan s firm had a conflict with Madison, and Ryan should have told the investors there was a dispute over ownership. It has now come to light that Madison talked to somebody at Ryan s firm about representing him in a trade secrets suit, and this information, known by the firm, had it been shared, would have caused them to not invest in Bowman s company/project. Bowman too is angry and may file a suit against Ryan. He claims Ryan should have shared this information about Madison s trade secrets allegations/suit with him so he could have avoided this litigation and the problems/lawsuits he now faces from the angry investors. Bowman has also indicated that if the suit isn t dismissed or resolved quickly, he will have to file for bankruptcy.
10 Virginia 2009 Update: Preventing Legal Malpractice Claims and Ethics Complaints 2 Regarding Madison s prior contact with the firm as a prospective client, Dan or Mary, or perhaps both of them talked briefly to Madison who wanted to talk to a lawyer about pursuing a theft of trade secrets matter. Someone, Madison thought it was a lawyer, so probably Dan, talked to him about his issue, and then he was transferred to a woman, probably Mary, who asked Madison a few questions about names and dates and encouraged him to set up an appointment to come into the office. Madison, however, never came in to see anyone at the firm. Meanwhile Mary has found a manila folder in a stack of stuff on Dan s desk; it has a few of Mary s notes and an to Dan with some information about what Madison claims was stolen and by whom. However, it was never followed up on, or set up in the system as a new matter, or put into the conflicts system, presumably because Madison never called back to set up a meeting. When asked about it, Dan doesn t really remember any of the specifics, and he s not sure if he even read the since Mary usually prints those out for him. It may have been his intention to review it once the prospective client set up an appointment. Just as Ryan is almost done explaining the mess to Phil, Mary, Dan s paralegal, hurries in with a letter from Madison s new lawyer. He is requesting a copy of Dan s file on Madison, and he is also subpoenaing Ryan s file on the RH Medical Technologies deal. Phil wants to make sure there is no other information in the firm s possession from Madison other than what Mary now has in the manila folder, so he instructs her to do a thorough search of her and Dan s office and to get with their IT consultant to make sure there were no other s or electronic documents on that matter in the firm s possession. Meanwhile he and Ryan will figure out the appropriate response for the subpoena and will get with Dan to discuss the problem. QUESTIONS A. Social Networking: New avenues for professional development? Are there concerns or issues that need to be considered? B. Business Advice: Was Ryan selling the deal to the investors? Is it legal advice or investment/business advice? What dangers or pitfalls can arise in these circumstances? C. Who is the Client? Should Ryan be the lawyer for the deal? How well did Ryan handle the conflicts of interest among the parties to the deal? D. Even if the investors are not represented by Ryan, could he have duties to them resulting from the documents he prepared for prospective investors? E. Prospective Client: What duties are owed to Madison as a prospective client, and does the firm/ryan have a conflict of interest in agreeing to represent RH Medical Technologies? F. Conflict of Interest: Could limiting the scope of the information provided by the prospective client prevent a future conflict? G. Intake Procedures: Evaluate the firm s intake process, how could it be improved? H. Turning over the Prospective Client s File: Is the prospective client s now lawyer entitled to a copy of the documents Dan had on this same client/matter? How thorough should they be in looking for all possible documents and communications from Madison? I. Responding to a Subpoena: Madison s lawyer, who is handling the trade secrets suit, has subpoenaed Ryan/the firm to provide a copy of the file on the RH Medical Technologies deal. How should the Ryan/firm respond? J. Fitness to Practice Law and Mandatory Retirement: When a lawyer begins slipping or as in this vignette, experiencing some memory problems, what are the firm s options and obligations ethically?
11 Virginia 2009 Update: Preventing Legal Malpractice Claims and Ethics Complaints 3 A. Social Networking: New avenues for professional development? Are there concerns or issues that need to be considered? 1. Professional Responsibility Considerations: Virginia Rule 7.1 Communications Concerning a Lawyer s Services and Comments [1-2]; and Rule 7.2 Advertising a. Rule 7.1 Communications Concerning a Lawyer s Services (a) A lawyer shall not, on behalf of the lawyer or any other lawyer affiliated with the lawyer or the firm, use or participate in the use of any form of public communication if such communication contains a false, fraudulent, misleading, or deceptive statement or claim. For example, a communication violates this Rule if it: (1) contains false or misleading information; or (2) states or implies that the outcome of a particular legal matter was not or will not be related to its facts or merits; or (3) compares the lawyer s services with other lawyers services, unless the comparison can be factually substantiated; or (4) is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law. (b) Public communication means all communication other than in-person communication as defined by Rule 7.3. Comments  This Rule governs all communications about a lawyer s services, including advertising permitted by Rule 7.2. Whatever means are used to make known a lawyer s services; statements about them must be truthful.  Truthful statements that are misleading are also prohibited by this Rule. A truthful statement is misleading if it omits a fact necessary to make the lawyer s communication considered as a whole not materially misleading. A truthful statement is also misleading if there is a substantial likelihood that it will lead a reasonable person to formulate a specific conclusion about the lawyer or the lawyer s services for which there is no reasonable factual foundation. b. Rule 7.2 Advertising (a) Subject to the requirements of Rules 7.1 and 7.3, a lawyer may advertise services through written, recorded, or electronic communications, including public media. In the determination of whether an advertisement violates this Rule, the advertisement shall be considered in its entirety, including any qualifying statements or disclaimers contained therein. Notwithstanding the requirements of Rule 7.1, an advertisement violates this Rule if it:
12 Virginia 2009 Update: Preventing Legal Malpractice Claims and Ethics Complaints 4 (1) contains an endorsement by a celebrity or public figure who is not a client of the firm without disclosure (i) of the fact that the speaker is not a client of the lawyer or the firm, and (ii) whether the speaker is being paid for the appearance or endorsement; or (2) contains a portrayal of a client by a non-client without disclosure that the depiction is a dramatization; or (3) advertises specific or cumulative case results, without a disclaimer that (i) puts the case results in a context that is not misleading; (ii) states that case results depend upon a variety of factors unique to each case; and (iii) further states that case results do not guarantee or predict a similar result in any future case undertaken by the lawyer. The disclaimer shall precede the communication of the case results. When the communication is in writing, the disclaimer shall be in bold type face and uppercase letters in a font size that is at least as large as the largest text used to advertise the specific or cumulative case results and in the same color and against the same colored background as the text used to advertise the specific or cumulative case results. (b) (c) A recording of the actual electronic media advertisement shall be approved by the lawyer prior to its broadcast and retained by the lawyer for a period of one year following the last broadcast date, along with a record of when and where it was used, which recording and date shall be provided to the Standing Committee on Lawyer Advertising and Solicitation upon its request. A lawyer shall not give anything of value to a person for recommending the lawyer s services except that a lawyer may: (1) pay the reasonable costs of advertisements or communications permitted by this Rule; (2) pay the usual charges of a not-for-profit lawyer referral service or legal service organization; and (3) pay for a law practice in accordance with Rule (d) A written or communication that bears the lawyer s or firm s name and the purpose of which in whole or in part is an initial contact to promote employment for a fee, sent to a prospective non-lawyer client who is not: (1) a close friend, relative, current client, former client; or (2) one who has initiated contact with the attorney; or (3) one who is similarly situated with a current client of the attorney with respect to a specific matter being handled by the attorney, to the extent that the prospective client s rights may be reasonably expected to be materially affected by the outcome of the matter; shall be identified by conspicuous display of the statement in upper case letters ADVERTISING MATERIAL.
13 Virginia 2009 Update: Preventing Legal Malpractice Claims and Ethics Complaints 5 The required statement shall be displayed in the lower left hand corner of the address portion of the communication in type size at least equal to the largest type used on the communication and also on the front of the first page of the communication in type size at least equal to the largest type used on the page. Further, in the case of advertising or solicitation, the header shall also display the statement, in uppercase letters, ADVERTISING MATERIAL. Further, any such written communication shall not be sent by registered mail or other forms of restricted delivery, nor shall such written communication be sent to any person who has made known to the lawyer a desire not to receive communications from the lawyer. Lawyers who advertise or solicit by shall include instructions of how the recipient of such communications may notify the sender that they wish not to receive such communications in the future. This paragraph does not apply to any communication which is directed to be sent by a court or tribunal, or otherwise required by law. (e) Advertising made pursuant to this Rule shall include the full name and office address of an attorney licensed to practice in Virginia who is responsible for its content or, in the alternative, a law firm may file with the Virginia State Bar a current written statement identifying the responsible attorney for the law firm s advertising and its office address, and the firm shall promptly notify the Virginia State Bar in writing of any change in status. 2. Social Networking, What Is IT? As in the vignette, social or professional online networking can increase a lawyer s opportunities to build a relationship and connect with prospective clients. There are four key areas of social media marketing emerging for lawyers; they are Website, Blogging, Facebook/LinkedIn, and Twitter. Using these resources has the potential to create results that are both positive and negative. a. Why Focus on Social Media Marketing? Majority (70-80%) of new client s look online first. Over half never look elsewhere. Significant cost savings while still being very efficient. Paper phonebooks are phasing out, replaced by internet directories. Print ads are dying (newspaper and magazines). Direct mailings get trashed with other junk mail. b. Focus on These Four: Website, Blogging, Facebook/LinkedIn, and Twitter Website: Think of your website as your firm brochure. Every firm should have a website that answers the questions who, what, where, and how. For additional information on how to improve search hits to your website, see article Web 2.0 and the Law Firm Web Site- Part I: Search Engine Optimization, by Sarah Rodriguez, December 22, 2008 at
14 Virginia 2009 Update: Preventing Legal Malpractice Claims and Ethics Complaints 6 Blogging: A blog, when set up on a proper platform, is easier than a website to change and manipulate the content. Your blog is what pulls it all together. Here you can publish information in a way that informs, inspires, leads, makes rain, etc., but it must be dynamic and interesting to your readers. Postings must be relevant and current. For examples of legal blogs see the ABA s The Blawg 100 a list of the top legal blogs for See also Web 2.0 and the Law Firm Web Site- Part II: Blogging, by Sarah Rodriguez, January 12, 2009, at Facebook/LinkedIn: Facebook allows you to directly interact with family, friends, neighbors and former classmates etc. online to create referrals to you professionally should they have a legal need. It is creating awareness in your personal relationships of what you do professionally. Here, too, you can promote your blog posts, but you want to be judicious in doing so. LinkedIn is a large online professional networking opportunity. You can network with others in your profession, or you can expand beyond your profession to interact with other nonlegal professionals. A lawyer creates a professional profile regarding this/her education, work history, areas of expertise, etc. With the information users provide, the site can then match you up to other users and allow them to create an online network of business contacts. Users are then encouraged to invite those matches into a virtual online network, and via those invitations, each person gets a link to the other user s LinkedIn page. Thus, lawyers aren t so much finding clients themselves, but clients and referrals are finding them. It is also a great resource for finding experts. Twitter: In everyday life, we have casual brief conversations with those we bump into at the store, on the golf course, while running errands, about our practice and what we do professionally. Twitter is the equivalent of that online. Postings, or tweets, are brief, less than 140 characters, and they are frequently used to create interest in and direct others to your recent blog postings. It is often referred to as micro-blogging. Even Lawyer s Weekly is Twittering, see article Come Tweet with Us, by Sarah Rodriguez, December 22, 2008 at 3. Advantages of Social Networking: Build Relationships First; people hire lawyers they feel they know and can trust. It s Dynamic, and you can change the information by the minute. Significant Cost Savings over other more traditional advertising while still being very efficient (can be narrow in focus or can reach millions). Massive Footprint and Organic Growth, the more you build, the larger your potential client base. Can Track Results and Success with tools provided by host or software.