Post on 08-May-2015
Avvo, Inc. ©2014
Ethical Issues in Social Media
by Josh King
Avvo, Inc.
. . . or Why You Should Worry Less and Engage More
by Josh King
Avvo, Inc.
Avvo, Inc. © 2014
Josh King
General Counsel &
Vice President, Business Development
Avvo, Inc.
Twitter: @joshuamking
Email: josh@avvo.com
Introduction
Social
Why Use Social Media?
•Stay Informed & Inform
•Expand Referral Network
•Be Discovered
How Not To Use Social Media
Social
Social Media Is Not a Billboard
Engagement is the Key
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Why Do Lawyers
Worry About Social
Media?
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Washington
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California
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New York
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Florida
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Other States
“A lawyer shall not make
a false or misleading
communication about the
lawyer or the lawyer's
services.”
“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.”
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“Communication about a
lawyer or a lawyer’s
services”
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Avvo, Inc. © 2014
Avvo, Inc. © 2014
Avvo, Inc. © 2014
Avvo, Inc. © 2014
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Avvo, Inc. - Copyright 2010
What “Communication” Can Be Regulated?
Regulation of “Commercial Speech”
Central Hudson Gas & Electric Corp. v Public Service Commission (1980)
“Commercial speech” defined
“That which does no more than
propose a commercial
transaction.”
Substantial Government Interest?
Direct Advancement of the Government Interest?
Narrowly Tailored Regulation?
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Steady Expansion of Commercial Speech
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Specific Areas to Pay
Attention To
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Testimonials
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Client Solicitation
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Promising Results
Using Social Media to Advertise
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Blogging About Clients
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Blogging as Advertising
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Embellishment
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Misrepresentation
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Professionalism
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Josh King
General Counsel &
Vice President, Business Development
Avvo, Inc.
Twitter: @joshuamking
Email: josh@avvo.com
Questions?
Stay up to date on developments in the law of social media – and get notification of upcoming free Avvo CLE webinars – with my new monthly email newsletter:
“Socially Awkward – Where Social Media Meets the Practice of Law”
Email “subscribe” to josh@avvo.com