Ethical Use of Soc. Media by Lawyers

• Publication year: 2024
• Citation: Vol. 47 No. 4

Ethical Use of Social Media by LawyersNo. Vol. 47 No. 4 Pg. 20Wyoming Bar JournalAugust 2024

Ethical Use of Social Media by Lawyers

by Mark W. Gifford

The Merriam-Webster Dictionary defines social media as "forms of electronic communication (such as websites for social networking and microblogging) through which users create online communities to share information, ideas, personal messages and other content (such as videos)."^[1] The sobering reality:

To generate business and compete with other firms in a professional industry with over 1.3 million licensed attorneys across the United States, law firms are changing from the traditional law firm model and abandoning the antiquated notion that social media is an "Internet-based fad for kids." The social media disruption of the legal industry is quite simple to explain: the way we communicate has changed and potential clients are no longer flipping through the Yellow Pages, cold calling, or going door-to-door to look for legal services. With 76% of law firms now maintaining an online presence, it can come as no surprise that potential clients arelooking online to find legal representation. Widely recognized as an efficient marketing and client development tool, social media unquestionably has its benefits when it comes to the practice of law, but it also serves as a virtual minefield for potential ethical violations.^[2]

Through consumer review websites such as Yelp, Avvo and Martindale-Hubbell, as well as social networking websites like LinkedIn, Facebook, Twitter/X, Google+, Instagram, YouTube, TikTok and Pinterest, law firms are publishing online biographies and sharing information to connect and communicate with social media users.

According to the ABA's 2022 Websites &Marketing Tech Report, 89% of survey participants indicated that their firms maintain a presence on social networks.^[3] A 2018 ABA survey reported that 35% of those surveyed who use social media channels for professional purposes have gained clients. The impact is even greater for small firms, 42% of which reported gaining new clients through social media marketing.^[4]

Marketing experts agree that being proactive about establishing an online presence is critical. This can include:

• Claiming your Avvo profile (there is no charge to do this) and updating it to improve your Avvo rating. Even if you didn't sign up with Avvo, you probably already have a profile. Whether you agree with Avvo's marketing tactics or not, you would be ill-advised not to have a presence on a lawyer directory website that receives millions of visits per month.

• Claiming your Yelp page (there is no charge for this) and completing your profile to present a more professional image.

• Establishing Facebook, LinkedIn, Twitter and Google+ accounts and completing your profiles.

• Putting links to all of your review profiles in as many places as possible, including your website, your email signature, blogs and email newsletters.

Establishing an effective online presence requires lawyers to make some tricky choices in the...