(still more) ethical pitfalls of social networking

 

 

The Journal of the American Bar Association

In Navigating the Ethical Pitfalls of Online Networking, Attorney Christine E. Mayle shares some considerations for social-networking lawyers. The piece is well written and concise, although I couldn’t help noticing that the list sounds awfully similar to the no-no’s we were warned about in connection with lawyer blogging; which were similar to the warnings about websites; which resembled the warnings concerning the use of e-mail by lawyers; which were only a hair different from the points brought up concerning Yellow Pages ads. In short, here we go again (stop me if you’re heard this one before):

 

  • Advertising Rules: Web sites are considered advertisements – as are social networking profiles.
  • Disclaimer Language: Some states require the use of disclaimer language in advertisements.
  • Pre-Approval: Some regulators require a pre-approval process for any lawyer advertisement.
  • Testimonials: LinkedIn and Avvo allow the use of testimonials, but some states prohibit them.
  • Expert Designation: Avoid “expert” and leave references to legal “specialties” out of your profile.
  • Revaling Too Much: Don’t disclose client information in posts or updates. Think before you post.
  • Keep it Clean: Assume your post will be viewed by your firm, clients, opponents, judge, and mom.

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