Have you written your firm's social networking policy yet?

• Author: Stickel, Amy I.

Creating a social networking policy at a law firm seems like one of those things that's hard to get right. When attorneys run the gamut of interest and experience with Facebook, Twitter, LinkedIn and their ilk, reaching consensus on any kind of firm-wide policy is even harder than usual.

If you issue a policy that is too strict or that actually bans social networking sites, you can be sure to raise the ire of computer-savvy attorneys who will howl about being deprived of business-development opportunities in a terrible economy.

But a policy that is too liberal can hamper productivity--who hasn't logged into Facebook to quickly respond to a "friend" request, only to find themselves spending hours on the site? Even worse, lax policies can leave the firm vulnerable to liability concerns.

And ignoring it isn't an option, either, although many firms seem to currently favor that approach. "Many are still treating social networking like email or general Internet usage and assume that the same rules apply," says Jayne Navarre, director at LawGravity LLC. "That is a mistake. The social Web is infinitely more dangerous."

The anonymity of the Web, potential liability issues and the difficulty in policing every attorney who identifies himself or herself as part of your firm online are some of the challenges. To make the task even more difficult, there are few ethical precedents that govern social networking, according to Will Hornsby, staff counsel at the American Bar Association. "[Ethics issues] are in their infancy when it comes to Web 2.0," says Hornsby.

If your firm lacks a social networking policy, you need to get working on it right away, according to Navarre. "The marketing department should lead with policy, education and enforcement. However, Navarre cautions that while non-lawyers can draft the policy, the final version should be formally written and reviewed by an attorney who is covered by the firm's malpractice insurance.

"The social Web is a marketing medium," she says. "If a firm has a PR policy it is probably under the marketing department's influence. This is the same thing. The Web is digital media. Social computing puts journalism into the hands of non-journalists--that is every employee of the firm."

Having a plan in place can also help indemnify the firm if liability issues arise, according to Doug Hoover, a consultant with Hildebrandt International. He also recommends staking out the firm's identity whenever possible, just as...