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: [email protected]
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
Avvo, Inc. © 2014
Why Do Lawyers
Worry About Social
Media?
Avvo, Inc. © 2014
Washington
Avvo, Inc. © 2014
California
Avvo, Inc. © 2014
New York
Avvo, Inc. © 2014
Florida
Avvo, Inc. © 2014
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.”
Avvo, Inc. © 2014
“Communication about a
lawyer or a lawyer’s
services”
Avvo, Inc. © 2014
Avvo, Inc. © 2014
Avvo, Inc. © 2014
Avvo, Inc. © 2014
Avvo, Inc. © 2014
Avvo, Inc. © 2014
Avvo, Inc. © 2014
Avvo, Inc. © 2014
Avvo, Inc. © 2014
Avvo, Inc. © 2014
Avvo, Inc. © 2014
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?
Avvo, Inc. © 2014
Steady Expansion of Commercial Speech
Avvo, Inc. © 2014
Specific Areas to Pay
Attention To
Avvo, Inc. © 2014
Testimonials
Avvo, Inc. © 2014
Client Solicitation
Avvo, Inc. © 2014
Promising Results
Using Social Media to Advertise
Avvo, Inc. © 2014
Blogging About Clients
Avvo, Inc. © 2014
Blogging as Advertising
Avvo, Inc. © 2014
Embellishment
Avvo, Inc. © 2014
Misrepresentation
Avvo, Inc. © 2014
Professionalism
Avvo, Inc. © 2014
Josh King
General Counsel &
Vice President, Business Development
Avvo, Inc.
Twitter: @joshuamking
Email: [email protected]
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 [email protected]
Top Related