DSD Law Site Solutions: (510) 250-2450 Social Networking and Ethical Issues Lawyers Confront August...

DSD Law Site Solutions: (510) 250-2450

Social Networking and Ethical Issues Lawyers Confront

August 12, 2010 noon

Randy Wilson

Bio Page

Randy Wilson: Attorney, legal marketer and co-founder of DSD Law Site Solutions – providing dynamic websites and other online marketing solutions for solos and small firms


Roadmap for presentation

CA laws impacting social networking

Social networking strategy

Blogging: how & why

LinkedIn/Twitter/Facebook

Attorney specific social networking

Advertising rules applied to social networking

Specific ethics issues with various social networking platforms

Best practices for social networking & ethics concernsDSD Law Site Solutions: (510) 250-2450


CA Rules re: Attorney Ads

B & P 6157-58: California code regarding advertising:

6158: Electronic advertising (as a whole) can’t be misleading Understands that electronic advertising can suggest through graphics and

audiovisual elements

Can’t guarantee of a winning outcome No sign or symbol suggesting lawyer can guarantee winning outcome

CA Rules of Professional Conduct:

Broader coverage: deceptive, misleading, false or

confusing

Testimonial restrictions & distinction between solicitation and communications (going away w/ new rules)

Real-time electronic communication banned under new rules


How these rules impact attorneys re social networking ethics

Recently Wisconsin attorney Richard Teuber in talking about this issue said that social networking doesn’t create an ethical dilemmas per se but creates new venues for such violations to occur

What are the areas that make this more likely Unlike websites, social networking sites allow easier and more frequent

communications (though increasingly websites have social networking features)

Allows a person to identify people they “claim” association with

Very easy for anyone to read your social networking profile, blog from anywhere

Social networking content can go viral very easily and attract attention for better or worse


Why engage in social networking?

Visibility to clients, prospects and colleagues

Credibility: shows clients you take your practice seriously

Differentiation: Allow you to stand out from the crowd


Protecting your online reputation

Increasing number of Yelp-like sites that impact lawyers

Don’t want negative comments to outweigh positive

Active blogging, use of profiles, dynamic website will help overcome any negatives

Monitoring your name, firm to see what is being said about you; Google alerts, etc.


Example of Avvo


Unvarnished: anonymous review of business professionals


How to engage in social networking

Start with a strategy: what is the goal?

Richer communication with clients and prospective clients

Follow-up with deciding your level of commitment

Is now the right time?

Create your social networking operational plan

Ethical concerns: who is your market?

should you be cautious reaching out to them through social networking?


Getting started w/ blog

No magic bullet

Come up with concept or hook that will enhance your credibility, online presence, give value to potential clients.

Where to blog: Free sites (Wordpress, Blogspot)

Paid sites (Lexblog,Justia etc)

Blogging: how tos:

Short headlines, utilize white space, create top ten lists

Blog Example


Can allow comments to your blog


Example of IGoogle blog page


LinkedIn Example


Twitter and Facebook: appropriate for attorneys?

What is Twitter? Described as a microblogging tool: limited to 140

characters but can link to longer articles Two ways to use Twitter:

“retweet” “as press release

Facebook Fan pages for attorneys Does recreational nature of Facebook make it

appropriate for your practice?


Twitter Example


Attorney specific social networking sites Avvo (Yelp for lawyers)

Client reviews, automatically created, they sell premium listings

Justia (provide you a blog platform – paid)

Lexblog (provide you a blog platform – paid)

E-circles: California State Bar networking site

JD-Supra: legal publication platform

Legal OnRamp: for in-house counsel and law firms

Martindale – Connected: also for in-house counsel and law firms

Social networking & ethics

Two sets of CA laws govern attorney advertising B&P code and Code of Professional Responsibility

Any concerns regarding attorney blogs?

What can attorneys do and not do on LinkedIn, Facebook, Twitter etc?

Should attorneys just wait for clarity before engaging?



Range of specifics social networking tools and the ethical issues they raise

Blogs – Treated like websites according to recent ABA panel on legal ethics (include disclaimer language)

Comments issue: your blog can be read anywhere (My Australian example)

If a commenter ask you for answers to their specific legal situation and answer specifically this could be construed in some jurisdictions as unauthorized practice of law

LinkedIn

issue of confidentiality (if you connect on LinkedIn with clients, should probably hide your contacts identities)

downside – this means you don’t get the referral benefit of LinkedIn.

Testimonials on your behalf thru LinkedIn or elsewhere: may want to be safe and include a disclaimer that they don’t constitute a guarantee, warranty or prediction regarding your legal matter

- Linkedin has a section called “specialties” that may not want include information about legal expertise unless certified by the California State Bar.

Twitter – real time communication? New proposed rules might cover Twitter and similar quick response tools. Probably not…however…

Facebook has chat function that probably would be covered.


Example of real time chat on Facebook


The Cautious Approach to Social Networking

Always include a legal disclaimer on website, blogs, other websites like LinkedIn & Facebook and include legal disclaimer in the footers of all email communications.

Remember that attorney client confidentiality includes potential clients so that someone could share information about their case who ends up in conflict with an existing client (divorce situation)

State Bar formal opinion suggests using a “plain language” disclaimer as follows: “I understand and agree that Law Firm will have no duty to keep confidential the information I am now transmitting to Law Firm.”

Make sure that all your content passes the false, misleading or deceptive smell test (& use common sense!)

Restrict the ability for people to view your client contacts on Linkedin, Facebook, Twitter etc. AND disable comments on your blog


Disclaimer Example


Website Example

DSD Law Site Solutions: (510) 250-2450 Social Networking and Ethical Issues Lawyers Confront August...

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