Social networking can be good for any business. One of the major pitfalls for every person, and not just lawyers, is this: social networking can take a lot of your time. If you spend more time networking than you spend working, that’s a good sign you need to log off.
Another caveat for all social networking users: be careful what you reveal. If you talk for weeks on end about a fabulous cruise you’re taking with your family, don’t be surprised if you come home to an empty house. Predators look for opportunities like this to take advantage of you. By the same token, if you know you are supposed to be in a particular place at a particular time but start tweeting about where you really are, your credibility just went down the chutes.
There are some pitfalls that are especially targeted at lawyers. You might want to review the bar’s ethics rules for a quick refresher and ask questions if something seems unclear. You don’t want to end up in hot water for making a seemingly innocent error!
Here are 4 of the top traps to watch out for:
1. Advertising: most states have certain requirements for lawyer advertising. Some states view social networking profiles as advertising that must be submitted for review. An attorney cannot use social media for solicitation, so remember to use your social networking site for building relationships and discussions on topics of interest only. Most bar associations consider websites to be advertisements, but this may not be so with a legal blog. If you are providing educational information or commentary on newsworthy items, it may not be categorized as an ad. Check the rules very carefully.
2. Beware of some of the LinkedIn features: LinkedIn has a feature that allows people to recommend others. If someone does this, make sure you screen the recommendation before it is posted to make sure there is no ethical violation for testimonials. Another LinkedIn feature to watch out for is the ability to designate any specialties. Leave it blank unless you have been certified as a specialist by the state bar. And when you respond to questions on the “Answers” page, if the readers give you enough “best response” votes, you will automatically be designated an “Expert” for that category. While you can provide responses on the “Answers” page, you may want to do so on topics outside the legal arena. But if you belong to a group and answer questions in those discussion threads, there is no voting and you can’t be designated an “Expert” in the discussion forums.
3. Communications: judges and attorneys should not “friend” each other; neither should an attorney and his or her client, or a witness or juror. It is also important to remember that whatever you put online is saved on a server somewhere, and is a permanent record. Talking about a case through social media is a bad idea. It is also a bad idea to post communications about your services that are false or misleading.
4. Breach of confidentiality or defamation: just as people get carried away when speaking face-to-face, you can do the same thing in social media. You may engage in casual conversation, but a passing statement you make can have enormous consequences, so be very, very careful about what you say.
One of the big keys to avoiding an ethical violation while using social networking: check the rules if you have any doubts about a potential post before you post. It can save you from a lot of embarrassment or worse…discipline.
The Pitfalls of Social Media for Lawyers
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