III.THE IMPORTANCE OF TOP LEVEL DOMAIN NAMES FOR LAW FIRMS
The Internet is not a single entity; it is a set of interconnected computer networks that uses a common protocol (TCP/IP protocol) to communicate with each other. Each server that is hooked up to this network has a unique designation number, much like each telephone has a unique telephone number. Domain names are a mnemonic issued by the Internic's agent, Network Solutions, Inc. in Herndon, Virginia that can be used in place of the server's designation number.
Domain names are broken down into hierarchies. Technically, the top level domains at Internic include .com (commercial organizations), .edu (educational institutions) .org (non-profits) and .gov (now restricted to the US government); however, domain names such as ford.com, brobeck.com and visalaw.com are commonly referred to as top-level domain names. Law firms and all other businesses are grouped in the .com domain.
A. TOP LEVEL NAMES V. SUB-DOMAIN NAMES
Many Internet service providers (ISPs) prefer that firms use a sub-domain name, such that the Universal Resource Locator ("URL") for the law firm's website would be something like http://www.bigprovider.com/~lawfirmname/. The problem with a sub-domain name is that the person looking for your site must remember the name of your provider and the sub-domain name assigned by the provider. Just as a client does not need to know the name of your landlord to send you a letter, the client should not need to know the name of your provider to reach your web site. ISPs generally charge less for a sub-domain setup, but this is a false economy and should only be considered if the firm cannot otherwise afford to get on the web.
B. GOODWILL
A top level domain name transfers all of the good will that a firm has developed in the firm name to the Internet. Conversely, the use of the domain name/firm name in the URL that accesses the website will further increase the goodwill in the firm name.
C. USE IT OR LOSE IT
If you don't get your domain name now, you may lose it to someone else. The Internic through its contractor, Network Solutions, Inc. issues domain names on a first come first served basis. Therefore, if someone has already requested your natural domain name, you will have to pick another domain name. For example if you want smith.com, you will have to pick another name because Smithcom, Inc. of Dudley, MO already has this name.
Originally, Internic had a pure race domain name policy, so the first party to reserve a domain name was the owner, even if the name was the trademark of another firm. Under this policy, piracy of domain names was a problem, but a series of registration rule revisions have reduced this problem. If you register first you won't have to fight any pirates even pirates that you would ultimately defeat under the new registration policy.
There are several sites on the Internet that discuss domain name issues and conflicts. In one case a reporter reserved mcdonalds.com after he had given McDonald's Corporation multiple warnings that they had failed to register their "natural" domain name. The reporter released the name to McDonald's after McDonald's made a charitable donation to a charity of the reporter's choice.
D. SELECTING YOUR DOMAIN NAME
For an individual lawyer the natural domain name is simple, lastname.com. For the law firm of Smith, Jones, & Polanski there are three natural domain names; smithjones.com, smith.com, and sjp.com. To see if any of the natural domain names are taken, use the WHOIS service at Internic. If your natural domain names are taken, consider registering a specialty or geographic domain name such as adlaw.com or nyclawyer.com. Either a geographic or specialty name will limit clients' view of your practice and should be avoided unless your practice is so limited. In some states, an attorney may also have ethical restrictions that affect the attorney's choice of a specialty domain name (see IX.F.5 below).
The Internic is not the only domain name registration service. Most countries have their own domain registration service; e.g. Mexican firms frequently use the .mx domain, however, the .com domain has received so much publicity, that even non-U.S. companies and law firms may prefer to register in the .com domain.
Firms with international offices should register their natural domain name in each country where they have an office to protect their names in these domains. Multiple domain names can be very handy, particularly if the firm maintains a website in more than one language.
E. REGISTERING YOUR DOMAIN NAME
After determining that the domain name is free, you will have to either (a) setup a server and get an Internet connection (roughly $20-40,000 first year cost) or (b) contract with an Internet service provider ("ISP") to host your top level domain name ($600-4,000 first year cost). In the latter case, the ISP will probably handle registering your domain name with Internic. Internic will electronically query the server to make sure that it responds to your domain name, therefore you can not apply for a domain name without having an ISP or your own server set up to respond to the Internic's query.
If you use a third party ISP, you should review the domain name application before your ISP sends it to Internic. Make sure that the domain name is registered to your firm. If the site is to be a major component of your practice you should arrange for back-up servers and make contingency plans in case your primary ISP goes down, becomes bankrupt or has a fire.
F. GET YOUR DOMAIN NAME NOW!
Probably all two letter domain names (e.g, rc.com) and most if not all three letter domain names (e.g., evw.com) are already taken. In addition lots of practice area related domain names are already taken (e.g. fraudlaw.com). More and more domain names are being issued every day, so registering quickly may be the only way to protect your first choice. In many cases, you will have to settle for a second, third or even fourth choice.
The conflicts created in having only one very crowded .com domain has led the Internet Assigned Name Authority and others to propose additional domain names systems and alternative ways to direct queries to website servers. If a new domain naming system is adopted, the old domain names will likely be grandfathered. As such the "old" .com names will become prestigious on-line addresses much like having a Park Avenue address.
I. INTRODUCTION
II. OVERVIEW
III. THE IMPORTANCE OF TOP LEVEL DOMAIN NAMES FOR LAW FIRMS
IV. WHY CREATE A LAW FIRM WEBSITE
V. DEVELOPING A WEBSITE DESIGN STRATEGY
VIII. DISINTERMEDIATING AND RE-ENGINEERING THE LEGAL PROCESS
IX. A BRIEF REVIEW OF LEGAL ETHICS AND WEBSITES
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