How many attorneys do you know would have the guts to create a video with that topic?
Now I want you to ask yourself why a medical malpractice attorney in New York would EVER create a video with such a polarizing topic?
Think about it. Everyone has an opinion about President Trump’s campaign slogan.
Everyone has an opinion about people who wear those red MAGA hats. It’s a highly controversial symbol of the campaign and of the President who promoted it.
Remember, when creating a video, you need to create a strategy for it to get clicked on, watched, and get someone to take action.
Here is my strategy for creating this undoubtedly controversial video topic.
First, WHO is my video for? It’s for my ideal client…an injured patient who is considering suing their doctor for causing them significant and permanent harm, who wants to learn how lawsuits work in New York and who is interested in learning what’s involved in the litigation process in a civil lawsuit.
Second, who is my video NOT for? It’s not for people who have an interest-only in politics or voicing their first amendment right to free speech. If you haven’t been injured by a careless doctor, this video is NOT for you.
Third, I’m looking to use recent news stories to incorporate into my educational videos, but what does a “Red Make America Great Again” hat have to do with educating my ideal clients?
Understanding the answer to that question will unlock a key strategy for using these controversial topics.
We all know about the fast-food restaurant worker who refused to serve a patron for wearing a RED MAGA hat. We know about the airline customer who was booted off a plane for wearing this hat. We know instances where people have been physically attacked for wearing this hat in public. So why would I, as an attorney, ask in my video whether I can wear a RED MAGA hat in a medical malpractice trial?
To stand out from the crowd.
To show my viewer that this suggestion is absolutely ridiculous and I would NEVER wear a hat like this during a trial, regardless of my opinions and regardless of my first amendment right to free speech.
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It’s an entree to talk about what the jury should be focusing on. It’s a great transition to explain to my viewer what’s important during the trial. I want my viewer to know how important it is for the jury to focus on the facts of our case and not divert their attention. I want to explain how the defense often will do everything possible to divert the jury’s attention during the trial; to create smokescreens, to intentionally shift their attention from the real issues in the case.
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The only thing I want the jury to focus on is how the doctor violated the basic standards of medical care, causing my client harm. The moment they start thinking about a RED MAGA hat sitting on my desk or my head, I have inadvertently altered the focus of this case. I have now inserted a topic having nothing to do with our claims in this case.
You have every right to wear your RED Make America Great Again hat. You have every right to make a statement by the clothing you wear. Unless of course, you decide to wear that into court during your trial. Then, I have a big problem.
What should you think about as you decide what topics to talk about in your video?
I highly encourage you to find controversial topics and take a stand. Doesn’t matter which one. Just take a firm position and don’t apologize for it. Then, use it as a starting point to explain your point of view and how it can or cannot affect your clients.
The better strategy is to use a controversial topic and do what I did in this video. Ask a question about whether it would be appropriate to do X, Y, or Z. Then, answer the question with your opinions and your knowledge of the law. By the end of the video, your viewer will see that you’re not afraid to stand up for your values. You’re not afraid to voice your opinion, and you’re not afraid to educate your consumer with great information that they want and need to know.
Another Useful Video Marketing Strategy
“Negative Demonstrations”
When studying martial arts, my instructor will often demonstrate how to do a particular technique. That’s important. However, just as important is when he does a ‘negative demonstration’ of how NOT to do a technique.
Think about how you can use negative demonstrations to show to your viewers what should not be done in court or on a motion or during a deposition. For example, let’s imagine I’m questioning a doctor during his pretrial deposition in a medical malpractice case.
“Doctor, did you examine my client on January 1?” “Yes.”
“Doctor, did the patient complain to you about A, B, and C?”
“Yes.”
“Isn’t it true that you screwed up big time here?” “Objection!” screams the defense attorney.
Why is this a ‘negative demonstration’? Because it’s something, an experienced attorney should never do. The only answer that will come out of the doctor is “No.”
Instead, here’s the right way to question a doctor to get him to confirm that he screwed up…
“Doctor, you told me that when a patient presents with A, B, and C that good medical practice requires you to take a detailed history, correct?”
“Yes.”
“You’d agree that failing to take a detailed history on the first visit would be a departure from good and accepted medical care, correct?”
“Yes.”
“You’ve also told me that the standard of care in that instance requires you to perform a physical examination, right?”
“Yes.”
“Failure to perform a physical examination would be a violation from the basic standards of good practice, correct?”
“Yes.”
“Doctor, I want you to assume that the patient presented with A, B, and C. I also want you to assume that you failed to ask her about B or C. You’d agree that in that instance, that would be a clear violation of the standard of care, correct?”
(He has to agree).
“Yes.”
What have I done using this strategy? I’ve shown my viewer what an attorney should not be doing and then give them a sample of what an attorney should do. This strategy demonstrates your knowledge and expertise in these types of cases without you ever having to say, “Come to me because I’ve been doing this for 25 years, and I’m great!”
Conclusion:
I have just given you a clear blueprint for creating an educational video with controversial topics and negative demonstrations. Want to stand out from all your competitors using ethical and educational video content? Just implement the strategies I’ve talked about. What are you waiting for? Go open up the newspaper and start reading those headlines to incorporate into your next video series!
Till next time, see you on video.
