THE ETHICS OF LEGAL MARKETING AND LAW PRACTICE IN A SOCIAL MEDIA ENVIRONMENT - ICLEF 2014
70
Presented by Cynthia Sharp • Professional CLE Speaker • Attorney Business Coach
-
date post
11-Sep-2014 -
Category
Marketing
-
view
133 -
download
5
description
Many attorneys shy away from SOCIAL MEDIA, exclaiming “I don’t have time for FACEBOOK - I didn’t talk to those people when I was in high school anyway.” or “I don’t understand the big deal about TWITTER - why do I need to know what my cousin’s son ate for breakfast? What’s a TWEET anyway?” Those attorneys are missing a huge opportunity!!! The effectiveness of both client development and retention is dependent upon the mastery of solid networking and communication skills - online and otherwise. This session will introduce attendees to the basics of Web 2.0 with the objective of taking the mystery out of Facebook, LinkedIn, Twitter, Blawging and more!
Transcript of THE ETHICS OF LEGAL MARKETING AND LAW PRACTICE IN A SOCIAL MEDIA ENVIRONMENT - ICLEF 2014
Presented by Cynthia Sharp• Professional CLE Speaker• Attorney Business Coach
The ethics of legal marketing & law practice in a social media
environment
2
Event Sponsor:
FeaturingCynthia Sharp
The Sharper LawyerMarch 13, 2014Indianapolis, IN
@thesharperlawyer
Preliminary Thoughts
•I would be really happy if we could cover the following:
•I decided to attend “Social Media” because:
3 @thesharperlawyer
Wake Up To Social Media!
4 @thesharperlawyer
5 @thesharperlawyer
Attorneys Using Social Media
15%43%
56%
Quadrupled in 2 years!
6 @thesharperlawyer
Attorneys Using Social Media
7 @thesharperlawyer
Legal Tech Survey Report
Attorneys Obtaining Clients Through Social Media
8 @thesharperlawyer
Legal Tech Survey Report
The Cultureist
9
•2,405,518,376 Worldwide Internet Users•78.6% North Americans on Internet•Over 1 billion Social Network Users
@thesharperlawyer
10
Facebook Friends
Cynthia Sharp
Bruce Steiner Ron Fatoullah
@thesharperlawyer
11
Facebook Friends
Cynthia Sharp
Bruce Steiner Ron Fatoullah
@thesharperlawyer
Facts About
•100% of Fortune 500 Companies Have Executives on Linkedin
•238 Million Members
•Every Second - 2 New Member Joins
12
@thesharperlawyer
13
1.6 billion search queries
500 million tweets
@thesharperlawyer
Social MediaPractical Applications
14
• Marketing• Practice Area• Develop Internal Social Media
Policy• Compliance Procedures• Criminal Defense• Civil Litigation• Litigation/Research Tool
@thesharperlawyer
Social Media
•New Case Law
•Interesting Ethical Issues
15
@thesharperlawyer
Digital Immigrant orDigital Native?
16
@thesharperlawyer
Social Media as a Marketing Tool
17
STRATEGY
BRAND
PROFILE
EXECUTION
@thesharperlawyer
Information About Legal Services• Protected Form of Commercial
Speech• Subject to Rules 4-7.1 - 7.5
18
@thesharperlawyer
Information About Legal Services
• Rule 7.1 - Communication Concerning a Lawyer's ServicesRule 7.2 - AdvertisingRule 7.3 - Direct Contact with Prospective ClientsRule 7.4 - Communication of Fields of Practice and SpecializationRule 7.5 - Firm Names and Letterheads
19
@thesharperlawyer
20
@thesharperlawyer
American Bar AssociationFormal Opinion 10-457
21
@thesharperlawyer
Free Commercial Speech or Regulated Attorney
Advertising
22
@thesharperlawyer
23
@thesharperlawyer
25
@thesharperlawyer
26
@thesharperlawyer
• Endorsement Feature• “Specialties” Field• “Answers” Section
27
@thesharperlawyer
28
@thesharperlawyer
Use Common Sense!
29
@thesharperlawyer
30
@thesharperlawyer
31
@thesharperlawyer
32
@thesharperlawyer
33
@thesharperlawyer
Research Tool
Write down 3 ways that you use the internet to
research
35
@thesharperlawyer
Citation Forms Developed
Rittman, S. (Spring 2008). Don’t Use the “R” Word. Retrieved on January 25, 2011 from www.mo-legal-ethics.org
37
@thesharperlawyer
Litigation Tool
39
@thesharperlawyer
Mining Information•Vetting Jurors
•Pretexting (“Friending”)
40
@thesharperlawyer
41
@thesharperlawyer
Internet Research by Jurors
42
@thesharperlawyer
Discovery•Warn clients not to discuss their case
online•Standard Applied: Reasonably calculated to
lead to discovery of admissible evidence•Notice to produce
43
@thesharperlawyer
Technical Revolution - Ethical Evolution
44
@thesharperlawyer
Confidentiality Notice
This electronic transmission and any attached documents or other writings are confidential and are for the sole use of the intended recipient(s) identified above. This message may contain information that is privileged, confidential or otherwise protected from disclosure under applicable law. If the receiver of this information is not the intended recipient, or the employee, or agent responsible for delivering the information to the intended recipient, you are hereby notified that any use, reading, dissemination, distribution, copying or storage of this information is strictly prohibited. If you have received this information in error, please notify the sender by return email and delete the electronic transmission, including all attachments from your system.
45
@thesharperlawyer
Ethical Evolution•Terminology•Competence•Confidentiality•Communication•Duties to Prospective
Clients•Receipt of Erroneously
Sent Document•Supervision of
NonLawyer Assistants•Advertising
46
@thesharperlawyer
TerminologyMRPC 1.0 Terminology
(o) Writing or Written
Comment 9 to MRPC 1.0 {Screening}
47
@thesharperlawyer
“To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.”
- Comment 6 to MRPC 1.1 (as amended)
Competence
48
@thesharperlawyer
Redaction Issues
Long gone are the days when the attorney duty of confidentiality imposed by Model Rule 1.6 was satisfied by maintaining a fireproof steel locked filing cabinet behind a secured office door. The technological revolution has taken us beyond the world of desktop computers with a dedicated server to the stratosphere of cloud computing and the genius of smartphones and electronic tablets.The portability of our “second brain” results in additional ethical responsibilities that must not be ignored. Lawyers’ obligations have radically changed in light of the methods by which confidential client and personal information is now carried and stored.
49
@thesharperlawyer
Data Disaster
50
@thesharperlawyer
Duty of ConfidentialityMRPC 1.6
51
@thesharperlawyer
Communication“... A lawyer should promptly respond to or acknowledge client communications.”
- Comment [4] of MRPC 1.4 (as amended)
52
@thesharperlawyer
Duties to Prospective Clients
“...[a] person becomes a prospective client by consulting with a lawyer about a client-lawyer relationship with respect to a matter”.
- Comment 2 to MRPC 1.18 (as amended)
53
@thesharperlawyer
Does a Communication Constitute a Consultation?
•Did the lawyer encourage or solicit inquiries about a proposed representation?
•Did the person encounter any warnings or cautionary statements that were intended to limit, condition, waive or disclaim the lawyer’s obligations? Were those warnings or cautionary statements clear and reasonably understandable?Did the lawyer act or communicate in a manner that was contrary to the warnings or cautionary statements?
54
@thesharperlawyer
Receipt of Erroneously Sent Documents
Lawyer receiving electronically stored information that he or she knows or reasonably should know was sent inadvertently must promptly notify the sender of the mistake (Model Rule 4.4(b))
Duty to notify extends to metadata. (Comment 2)
55
@thesharperlawyer
RecommendedMetadata Scrubbers
Metadata Assistant: http://www.payneconsulting.com/products/metadataretail/
iScrub: http://esqinc.com/section/products/2/iscrub.html
Workshare Protect: http://www.workshare.com/products/wsprotect/
Metadact: http://www.litera.com/Products/Metadact%AE.aspx
56
@thesharperlawyer
Do You Secure PDF Files Before You Transmit?
Suggested Office Policy: “When there is no legitimate reason to transmit an editable document, we will always send SECURE PDFs.”
57
@thesharperlawyer
You Cannot Delegate Ethical
ResponsibilitiesModel Rule 5.3 requires attorneys who outsource work to non-attorneys to “make reasonable efforts to ensure that the non-lawyers’ services are provided in a manner that is compatible with the lawyer’s professional obligations”.
58
@thesharperlawyer
Attorney Advertising RulesLawyers may pay Internet-based lead generators for generating client leads, as long as the lead generator does not “recommend” the lawyer. (MRPC 7.2, Comment 5)
Only a “target communication initiated by the lawyer” directed to a “specific person” that “offers to provide” legal services is a solicitation. Communications to the general public, including Internet banners, are not solicitations. (MRPC 7.3)
59
@thesharperlawyer
“A lawyer shall act with reasonable diligence and promptness in representing a client.”
Comment 2 - “A lawyer's work load must be controlled so that each matter can be handled competently.”
Rule 1.3
60
Diligence
@thesharperlawyer
Law Firm Social Media Policy
63
@thesharperlawyer
Online or In Line•Keep client confidences•Avoid appearance of establishing
client-attorney relationship•Be polite•Don’t fight•Don’t bad mouth law firm, colleagues
or judges.
64
@thesharperlawyer
Moving Forward•Did you learn anything new today?•Did you gain any insight into yourself or
someone else?•Do you plan to change any of your behaviors
as a result of today’s session?
@thesharperlawyer
Evaluations
66
@thesharperlawyer
@thesharperlawyer
Connect with Cindy
like us follow us follow us share with us
The Sharper Lawyer
connect with us
@thesharperlawyer
The Sharper Lawyer now offers
a complimentary half hour coaching session.
Email Cindy for more details!
@thesharperlawyer
Thank You
The Sharper Lawyerwww.thesharperlawyer.com
