Colorado Bar Association 2010 Social Media for Lawyers
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  • \n
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  • Attorneys who leverage social media have distinct advantage over those who don’t\n
  • “[S]ocial media is a shift in how people discover, read and share news, information and content. It’s a fusion of sociology and technology, transforming monologues (one to      many) into dialogues (many to many) and is the democratization of information, transforming people from content readers into publishers. Social media has become extremely popular because it allows people to connect in the online world to form relationships for personal, political and business use. Businesses also refer to social media as user-generated content (UGC) or consumer-generated media (CGM).”\n            — WIKIPEDIA ENTRY FOR SOCIAL MEDIA \n\n
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  • Explore the benefits. Balance the risks. Be curious.\n
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  • Determine what your goals are before jumping in. Goals: 1) appear higher in search engine results 2) showcase areas of expertise 3) interact w/ other lawyers to gain info./referrals 4) get clients--local or national clientele? \n
  • Determine what your goals are before jumping in. Goals: 1) appear higher in search engine results 2) showcase areas of expertise 3) interact w/ other lawyers to gain info./referrals 4) get clients--local or national clientele? \n
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  • Piggyback on the SEO of established websites. (My name/porn star). Ensure that all lawyers in your firm have profiles on LinkedIn, Justia and Avvo. Facebook is a must as well--allows you to re-connect with lost contacts. Ensure that your presence is consistent across platforms.\n
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  • If you enjoy writing and have a passion for a particular area of the law, blogging is perfect way to showcase expertise and writing skills. Allows you to increase SEO & humanizes attorneys.\n
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  • LinkedIn--professional directory-fairly formal. Fairly safe. (But see ethics/specialization)\n
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  • •While it is important to have a static website or blog for your business, it is equally important for lawyers to cultivate a uniquely individual online presence as well.\n
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  • •The best way to do this it to take off your “lawyer hat”. Talk to people, not at them. Interact, don’t advertise. And, most importantly, share a little bit about yourself and your interests.\n•People are more than their careers. Lawyers are more than their law firms.\n\n\n
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  • In many ways social media is a replacement for traditional PR. Magnifies your reach on a budget. Can allow you to decrease or even eliminate marketing expenses.\n
  • Ideal platform to get your message across.\n
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  • Ethical issues can seem like a maze.\n
  • You’ll hear a lot of conflicting things about social media\n
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  • Common sense--be truthful in your accomplishments, etc.\n
  • [PICTURE OF SNAKEOIL AD] (White Slide, black letters)\n
  • Applies to any type of lawyer communication. Is it advertising and is disclaimer required? Varies by jurisdiction. In many jurisdictions, analysis revolves around whether info is informational v. simply promotional.\n
  • Applies to any type of lawyer communication. Is it advertising and is disclaimer required? Varies by jurisdiction. In many jurisdictions, analysis revolves around whether info is informational v. simply promotional.\n
  • Disclaimers on blogs are important. Also important--provide links to info., rather than advice. Avoid advice, especially in written form. (Lawsuits re: verbal advice at cocktails parties--written more permanent evidence).\n
  • Disclaimers on blogs are important. Also important--provide links to info., rather than advice. Avoid advice, especially in written form. (Lawsuits re: verbal advice at cocktails parties--written more permanent evidence). [HANDSHAKE PHOTO]\n
  • Most easily triggered on less formal sites--ie. informality may lead attys to be overshare.\n
  • PICTURE OF TWEET\n
  • Philadelphia Bar Association Ethics Committee Opinion 2009-02 (March 2009): paralegal who “Facebook friended” adversary witness at lawyer’s request was acting for the lawyer, who was using subterfuge and misrepresentation to gain the witness’s consent to explore her private (or semi-private) Facebook information.\n
  • Add to Text:Philadelphia Bar Association Ethics Committee Opinion 2009-02 (March 2009): paralegal who “Facebook friended” adversary witness at lawyer’s request was acting for the lawyer, who was using subterfuge and misrepresentation to gain the witness’s consent to explore her private (or semi-private) Facebook information. [FACEBOOK ICON]\n
  • ie.-you can’t search social networking sites for ppl complaining of legal problem then approach them & offer your services. (ie. NY DR 7.3a).\n
  • ie.-you can’t search social networking sites for ppl complaining of legal problem then approach them & offer your services. (ie. NY DR 7.3a). [SOLICITATION]\n
  • Many jurisdictions forbid this practice. Beware LinkedIn box for “specialty” and other directory sites built in tools for building profile.\n
  • Many jurisdictions forbid this practice. Beware LinkedIn box for “specialty” and other directory sites built in tools for building profile. [INCLUDE LINKEDIN ICON AND SCREEN SHOT WITH SPECIALTIES; CIRCLE SPECIALTY IN RED]\n
  • Florida Judicial Ethics Advisory Opinion No. 2009-20 (Nov. 2009): “The issue, however, is not whether the lawyer actually is in a position to influence the judge, but instead whether the proposed conduct, the identification of the lawyer as a “friend” on the social networking site, conveys the impression that the lawyer is in a position to influence the judge.  The Committee concludes that such identification in a public forum of a lawyer who may appear before the judge does convey this impression and therefore is not permitted.”\n
  • Florida Judicial Ethics Advisory Opinion No. 2009-20 (Nov. 2009): “The issue, however, is not whether the lawyer actually is in a position to influence the judge, but instead whether the proposed conduct, the identification of the lawyer as a “friend” on the social networking site, conveys the impression that the lawyer is in a position to influence the judge.  The Committee concludes that such identification in a public forum of a lawyer who may appear before the judge does convey this impression and therefore is not permitted.” [WHISPERING PHOTO]\n
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Colorado Bar Association 2010 Social Media for Lawyers Presentation Transcript

  • 1. Social Media for Lawyers: The Next Frontier
  • 2. Social Media for Lawyers: The Next Frontier Presented by Nicole Black
  • 3. For companies, resistance tosocial media is futile. Millionsof people are creating contentfor the social Web. Yourcompetitors are already there.Your customers have beenthere for a long time. If yourbusiness isnt putting itself outthere, it ought to be. Business Week, February 19, 2009
  • 4. What is social media and why should you care?
  • 5. Source: http://www.youtube.com/watch?v=fVXKI506w-E
  • 6. Source: http://www.youtube.com/watch?v=fVXKI506w-E
  • 7. Social Media Factoid #1:
  • 8. Social Media Factoid #1: porn
  • 9. Social Media Factoid #1:Social Media has overtaken porn as the #1 activity on the Web
  • 10. Social Media Factoid #2:
  • 11. Social Media Factoid #2: 3d largest
  • 12. Social Media Factoid #2:If Facebook were a country it would have been the world’s 3d largest between the United States and Indonesia
  • 13. Social Media Factoid #3:
  • 14. Social Media Factoid #3: Ireland
  • 15. Social Media Factoid #3: Ashton Kutcher and Ellen Degeneres (combined) have more Twitter followersthan the population of Ireland Norway, or Ireland, Panama.
  • 16. Social Media Factoid #4:
  • 17. Social Media Factoid #4: 55-65 year-old females
  • 18. Social Media Factoid #4:The fastest growing segment on Facebook is 55-65 year-old females
  • 19. 1. Lawyers cannot afford to be left out of the loop
  • 20. A fundamentalist is a personwho considers whether a fact isacceptable to their faith beforethey explore it. As opposed toa curious person who exploresfirst and then considerswhether or not they want toaccept the ramifications. --Seth Godin
  • 21. 2. Social media is useless without goals
  • 22. Determine your goals.
  • 23. Common Lawyer Goals •Networking & Building Relationships •Finding Clients •Locating Information to Support Your Practice •Competitive Intelligence & Customer Feedback •Showcasing expertise •Speaking engagements & Media •Search Engine Optimization •Branding
  • 24. 3. Different social media sites serve different purposes
  • 25. Profile Creation Basics•Complete as much as possible•Link to articles, speeches•Get feedback and reviews•Add photo
  • 26. 4. Social and professional networking are not mutually exclusive
  • 27. The Social Media Formula
  • 28. The Social Media Formula50% - links to online content30% - conversation with others10% - self-promotional10% - personal hobbies and interests
  • 29. Take off your lawyer hat
  • 30. Source: http://www.youtube.com/watch?v=5YGc4zOqozo
  • 31. Source: http://www.youtube.com/watch?v=5YGc4zOqozo
  • 32. Think before you act
  • 33. Source:http://www.youtube.com/watch?v=7SeL6i3sHM0
  • 34. Source:http://www.youtube.com/watch?v=7SeL6i3sHM0
  • 35. 5. The Ethics of Social Media
  • 36. Social media changes themedium, not the message
  • 37. • No false or misleading information (ABA Model Rule 7.1)
  • 38. Nofalse or misleading information
  • 39. • Lawyer Advertising (ABA Model Rule 7.1)
  • 40. Lawyer Advertising: Is it or isn’t it?Is it advertising? If so, a disclaimer may be required.
  • 41. • Inadvertently creating an attorney-client relationship (ABA Model Rules 1.2, 1.4, 1.16, 4.4)
  • 42. DONʼT Unintentionally create an attorney-client relationship (ABA Model Rules 1.2, 1.4, 1.16, 4.4) Best practices: Keep responses generalProvide information rather than advice Use disclaimers
  • 43. • Disclosing confidential information (ABA Model Rules 1.6, 8.3)
  • 44. NODisclosing confidential information
  • 45. • Improper contact with parties (ABA Model Rule 3.5 (b) & (c))
  • 46. NO Improper contact with parties No deceptive Facebook friending Philadelphia Bar Association Ethics Committee Opinion 2009-02 (March 2009); New York Bar Association Op. No. 843 (September 2010• New York Bar Formal Opinion 2010-2
  • 47. • Improper client solicitation (ABA Model Rule 7.3)
  • 48. NOImproper client solicitation
  • 49. • Stating a “specialization” (ABA Model Rule 7.4)
  • 50. ?Stating a “specialization” (ABA Model Rule 7.4)
  • 51. • Ex parte communications (ABA Model Rule 3.5(b))
  • 52. NO Ex parte communications (ABA Model Rule 3.5(b)) Florida Judicial Ethics Advisory Opinion No. 2009-20 (November 2009); “The issue, however is not whether the lawyer actually is in a position toinfluence the judge, but instead whether the proposed contact…[conveys that impression.]”
  • 53. How can you squander evenone more day not takingadvantage of one of thegreatest shifts of ourgeneration? How dare yousettle for less when the worldhas made it so easy for you tobe remarkable? --Seth Godin
  • 54. You can learn more from our book:Social Media for Lawyers: The Next Frontier Thanks for listening! Nicole Black lawtechTalk www.lawtechtalk.com @nikiblack on Twitter