Social media for attorney: ethics considerations and resources.

• Author: Rubel, Gina F.
• Position: Reprint

The ethics of attorney participation in social media outlets is and will remain a hot topic. As social networking continues to evolve, so too will ethical considerations unique to attorneys. Many firms take major risks with their print and related marketing efforts, and this practice has carried over to on-line social media engagement. Let's face it; lots of attorneys know that when it comes to marketing and public relations, they may never be called to the table for playing it fast and loose. Particularly in the grey areas of blog posts, status updates, on-line discussions and tweets. But isn't it more prudent to play within the rules than to risk being sidelined by an ethics violation? After all, penalties may range from a disciplinary claim (it only takes one client) to wasted time and money (revamping a newly launched Web site) to increased malpractice claim exposure (creating unrealistic expectations).

In a September article, Legal Battle: On-line Attitude vs., Rules of the Bar, John Schwartz of The New York Times told the story of Florida Attorney Sean Conway, who was angry at a Florida judge. (1) The attorney, said Schwartz," did what millions of angry people do these days: he blogged about her (the judge), saying she was an 'Evil, Unfair Witch.'" Needless to say, the story does not end well for Conway, who was reprimanded and fined by the Florida Bar. That penalty was light compared to that levied against an Illinois attorney who lost her job after 19 years of service due to blog posts, wrote Conway. When the article went to print, the Illinois attorney was also facing disciplinary hearings, Frankly, Schwartz's excellent article, which outlines some of the more egregious attorney misuses of social media, should be required reading for all attorneys.

I have a general checklist for you as well. Here is what you absolutely must do to comply when you communicate:

* I have said it before, and I will say it again: All organizations, from corporations to nonprofits to law firms, should adopt a social media policy.

* Develop internal social media policy compliance procedures.

* Stay up to date on all the rules that affect you, your firm and your communications.

* Follow the rules in every state applicable to your on-line marketing and public relations efforts.

* Include a disclaimer with the language required by each state where you conduct or seek business. (2)

* If you think it sounds false or misleading, then assume it is. (3)

* Include...