Ethics of Social Media Part 3: Personal Use of Social Media

transcript

THE ETHICAL IMPLICATIONSOF SOCIAL MEDIA

Brian C. Focht

Stiles Byrum & Horne, LLP

www.thecyberadvocate.com

THE ETHICS OF SOCIAL MEDIA

PART 3:

YOUR PERSONAL USE OF SOCIAL MEDIA

PERSONAL USE OF SOCIAL MEDIA

Perception: When we’re off the clock, we’re

not attorneys. Our law firms, although important parts of our lives, have no real interest in,

and should have no connection to, our personal lives.

Reality: There is little actual distinction between

what an attorney does as an attorney and what they do as a private citizen, and what an attorney says or writes in the

public realm will likely be associated with the attorney’s firm.

The Story of Steven M. Regan, Real Estate Attorney

Partner at Reed Smith in Pittsburgh

Smith: “@SCOTUSblog – Don’t screw up this like ACA. No such thing as greenhouse gas. Carbon is necessary for

life.”

Smith: “@SCOTUSblog Go f@ck yourself and die.”

Attorney Regan’s personal use of his own Twitter account forced his firm to issue this statement:

Reed Smith Spokesperson:

“The posting of offensive commentary or language on social media is inappropriate and inconsistent with Reed

Smith’s social media policy. We are addressing this matter internally.”

NC RULES OF PROFESSIONAL CONDUCT

Important Provisions:

1.1 - Competence

1.6 – Confidentiality

1.9 – Duties to Former Clients

1.18 – Duties to Prospective Clients

3.5 – Impartiality and Decorum of the Tribunal

3.6 – Trial Publicity

NC RULES OF PROFESSIONAL CONDUCT

Important Provisions:

4.2 – Communication with Persons Represented by Counsel

7.4 – Communication of Fields of Practice and Specialization

8.2 – Judicial and Legal Officials

Situation: Blogging about your practiceApplicable Rule(s): 1.6, 1.9, 8.2 (among others)To Comply: Don’t reveal confidential info, anything that might disadvantage a former client; be careful when discussing court proceedings or staff

Make sure statements are accurate

Avoid misleading statements that could be interpreted as advertising

“Won my trial, $5 million dollar verdict!”

“Another $5 million dollar verdict. As always, my client is ecstatic!”

Be EXTREMELY careful when blogging about your judge

Avoid posting anything about your day when you’re upset

Some things you shouldn’t post:

Referring to a judge as an “Evil, Unfair Witch.”-Sean Conway, Fort Lauderdale, FL

-Sean Conway, Fort Lauderdale, FL* Public Reprimand, $1,200 fine *

Referring to a judge as “Judge Clueless.”-Kristine A. Peshek, IL

Some things you shouldn’t post:“This stupid kid is taking the rap for his drug-dealing dirtbag of an

older brother…”-Kristine A. Peshek, IL

“You want to go back and tell the judge that you lied?”-Kristine A. Peshek, IL

-Kristine A. Peshek, IL* 60-day suspension in Illinois and Wisconsin *

Blog posts about case while an empaneled juror-Frank R. Wilson, San Diego, CA

-Frank R. Wilson, San Diego, CA* 45-day suspension, $14,000 fines/fees, lost his job*

Situation: Responding to basic legal questionsApplicable Rule(s): 1.1, 1.6, 1.18To Comply: Don’t let the person on the other end expect that you’re their attorney; do no harm

Don’t give bad advice – competence rules still apply!

Only need a reasonable belief that you’re their attorney

Location, location, location!

Situation: Recommendations & EndorsementsApplicable Rule(s): 7.4To Comply: If you have no independent basis to make the recommendation, don’t do it!

Are you endorsing skills the person actually has?

Quid pro quo is BAD

Astroturfing – If it’s fake, don’t do it!

MARKETING YOUR FIRM VIA SOCIAL MEDIA

BEST PRACTICES:1. Remember: THE RULES STILL APPLY

2. To keep accounts completely personal, avoid discussions of the law

3. If you wouldn’t post it on your firm’s Social Media, don’t post it on yours

THE ETHICAL IMPLICATIONSOF SOCIAL MEDIA

Brian C. Focht

Stiles, Byrum & Horne, LLP

bfocht@sbhlaw.net

www.thecyberadvocate.com

Ethics of Social Media Part 3: Personal Use of Social Media

Law