2015 social media ethics cle
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This document discusses the ethics of using social media for attorneys and law firms. It covers three main topics: 1) Marketing a law firm on social media and ensuring communications are not false or misleading. Testimonials must be reviewed and attorneys cannot direct message prospective clients. 2) Personal social media use by attorneys. Attorneys cannot reveal confidential client information or discuss cases. 3) How attorneys should handle social media in legal matters competently. This includes discovery requests, advising clients, and researching jurors or parties without improper contact. The overarching theme is that the rules of professional conduct still apply to attorneys' social media use.
![THE ETHICS OF SOCIAL MEDIA
Lester v. Allied Concrete Co., Nos. CL08-150, 09-223
In wrongful death case, plaintiff’s attorney routinely told
client to “clean up” his Facebook page
The “dirt” = photo of plaintiff, after wife’s death, holding a
beer and wearing a t-shirt reading “I [heart] hot moms.”
Plaintiff deactivated account, denied having a Facebook
page in discovery](https://image.slidesharecdn.com/2015socialmediaethicscle-150218153239-conversion-gate02/85/2015-social-media-ethics-cle-3-320.jpg)
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2015 social media ethics cle
- 1. THE ETHICS OF SOCIAL MEDIA Brian C. Focht Stiles Byrum & Horne, LLP www.thecyberadvocate.com
- 2. THE ETHICS OF SOCIAL MEDIA $542,000
- 3. THE ETHICS OF SOCIAL MEDIA Lester v. Allied Concrete Co., Nos. CL08-150, 09-223 In wrongful death case, plaintiff’s attorney routinely told client to “clean up” his Facebook page The “dirt” = photo of plaintiff, after wife’s death, holding a beer and wearing a t-shirt reading “I [heart] hot moms.” Plaintiff deactivated account, denied having a Facebook page in discovery
- 4. THE ETHICS OF SOCIAL MEDIA Lester v. Allied Concrete Co., Nos. CL08-150, 09-223 Result: Attorney sanctioned $542,000 Plaintiff sanctioned $180,000 $10.6 million verdict cut in half
- 5. THE ETHICS OF SOCIAL MEDIA Three Primary Topics: 1. Marketing your firm via Social Media 2. Personal use of Social Media by attorneys 3. Social Media & the Competent Lawyer
- 6. THE ETHICS OF SOCIAL MEDIA One Essential Theme: THE RULES STILL APPLY!
- 7. TYPES OF SOCIAL MEDIA Collaborative Projects Blogs & Microblogs Content Communities Social Networking Sites (“SNS”)
- 8. THE ETHICS OF SOCIAL MEDIA PART 1: MARKETING YOUR FIRM VIA SOCIAL MEDIA
- 9. MARKETING YOUR FIRM VIA SOCIAL MEDIA Situation: Blog/Social Media Page/Post/Message Applicable Rule(s): 7.1 To Comply: Cannot be false or misleading
- 10. MARKETING YOUR FIRM VIA SOCIAL MEDIA Situation: A client posts a testimonial Applicable Rule(s): 7.1 & 7.2; 2012 FEO 8 To Comply: Review every testimonial, edit or remove where necessary/possible
- 11. MARKETING YOUR FIRM VIA SOCIAL MEDIA Situation: Recommendations & Endorsements Applicable Rule(s): 7.1 & 7.2 To Comply: No astroturfing; must be based on actual experience; NOT allowed from a judge (Proposed 2014 FEO 8)
- 12. MARKETING YOUR FIRM VIA SOCIAL MEDIA Situation: Direct messaging prospective clients Applicable Rule(s): 7.3 To Comply: Don’t do on Social Media what you couldn’t do in person
- 13. MARKETING YOUR FIRM VIA SOCIAL MEDIA Situation: Listing skills, experience, practice areas Applicable Rule(s): 7.4 To Comply: Don’t use “specialize;” be very conscious of how your profile can be read
- 14. MARKETING YOUR FIRM VIA SOCIAL MEDIA Situation: Responding to a disgruntled client Applicable Rule(s): 1.6 & 1.9 To Comply: Do not reveal confidential info; do not disadvantage former client
- 15. MARKETING YOUR FIRM VIA SOCIAL MEDIA Situation: Blogging/Posting about your cases Applicable Rule(s): 1.6, 1.9, 3.6 To Comply: Do not publish confidential info; do not post comments that would be unethical in a newspaper
- 16. MARKETING YOUR FIRM VIA SOCIAL MEDIA Situation: Answering legal questions Applicable Rule(s): 1.6 & 1.18 To Comply: Use a disclaimer; discourage disclosure of confidential info
- 17. MARKETING YOUR FIRM VIA SOCIAL MEDIA BEST PRACTICES: 1. Remember: THE RULES STILL APPLY 2. Understand your SM tools before using them a) Reach, strengths, and weaknesses b) Learn how to use them effectively 3. Create a Social Media Strategy for your firm 4. Name or hire a Social Media Manager
- 18. THE ETHICS OF SOCIAL MEDIA PART 2: PERSONAL USE OF SOCIAL MEDIA
- 19. PERSONAL USE OF SOCIAL MEDIA The Story of Steven M. Regan, Real Estate Attorney Partner at Reed Smith in Pittsburgh
- 20. PERSONAL USE OF SOCIAL MEDIA The Story of Steven M. Regan, Real Estate Attorney Partner at Reed Smith in Pittsburgh Reed Smith Spokesperson: “The posting of offensive commentary or language on social media is inappropriate and inconsistent with Reed Smith’s social media policy. We are addressing this matter internally.”
- 21. PERSONAL USE OF SOCIAL MEDIA Situation: Discussing your practice Applicable Rule(s): 1.6, 1.9, 8.2 (among others) To Comply: Don’t reveal confidential info; be careful when discussing court proceedings or staff
- 22. PERSONAL USE OF SOCIAL MEDIA Situation: Responding to legal questions Applicable Rule(s): 1.1, 1.6, 1.18 To Comply: Don’t let the person on the other end expect that you’re their attorney; do no harm
- 23. PERSONAL USE OF SOCIAL MEDIA Situation: Recommendations & Endorsements Applicable Rule(s): 7.4 To Comply: If you have no independent basis, don’t do it!
- 24. PERSONAL USE OF SOCIAL MEDIA Situation: Connecting with Judges Applicable Rule(s): Proposed 2014 FEO 8 To Comply: If it’s allowed in person – it’s allowed on LinkedIn.
- 25. MARKETING YOUR FIRM VIA SOCIAL MEDIA BEST PRACTICES: 1. Remember: THE RULES STILL APPLY 2. To keep accounts completely personal, avoid discussions of the law 3. If you wouldn’t post it on your firm’s Social Media, don’t post it on yours
- 26. THE ETHICS OF SOCIAL MEDIA PART 3: SOCIAL MEDIA & THE COMPETENT ATTORNEY
- 27. SOCIAL MEDIA & THE COMPETENT ATTORNEY Situation: Requesting Social Media in discovery Applicable Rule(s): 1.1, 3.4, 4.2, 5.1, 5.3 To Comply: Know when you should request Social Media in discovery; refrain from fishing expeditions
- 28. SOCIAL MEDIA & THE COMPETENT ATTORNEY Situation: Responding to discovery requests Applicable Rule(s): 1.1, 3.3, 3.4, 2014 FEO 5 To Comply: Produce relevant evidence; defend clients from overbroad requests, fishing expeditions.
- 29. SOCIAL MEDIA & THE COMPETENT ATTORNEY Situation: Advice to new clients re: Social Media Applicable Rule(s): 1.1, 3.3, 3.4, 2014 FEO 5 To Comply: Ensure your clients retain relevant evidence; instruct clients on retention obligations
- 30. SOCIAL MEDIA & THE COMPETENT ATTORNEY Situation: Utilizing Social Media to investigate jury Applicable Rule(s): 1.1, 3.3, 3.5, 3.6, 5.3 To Comply: Do not connect with or contact jurors; use all reasonable means to investigate
- 31. SOCIAL MEDIA & THE COMPETENT ATTORNEY Situation: Social Media research on party/witness Applicable Rule(s): 1.1, 3.3, 4.2, 5.3 To Comply: No contact with represented party; do not use any form of trickery or dishonesty
- 32. SOCIAL MEDIA & THE COMPETENT ATTORNEY Situation: Advising corporate clients Applicable Rule(s): 1.1, 3.3 To Comply: Document retention policies that comply with local law; legal implications of new practices
- 33. SOCIAL MEDIA & THE COMPETENT ATTORNEY BEST PRACTICES: 1. Remember: THE RULES STILL APPLY 2. Learn about Social Media, and how to use it – it’s the best way to advise clients competently 3. Always do your due diligence. 4. Don’t do anything on Social Media you wouldn’t want others to discover
- 34. IMPORTANT DEVELOPMENTS & EMERGING ISSUES Questions? Comments? Queries? Concerns?
- 35. THE ETHICAL IMPLICATIONS OF SOCIAL MEDIA Brian C. Focht Stiles, Byrum & Horne, LLP [email protected] www.thecyberadvocate.com