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This is from a mid-2013 presentation that I gave to the Business Law Section of the Florida Bar Association.

This is from a mid-2013 presentation that I gave to the Business Law Section of the Florida Bar Association.

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Florida social media Florida social media Presentation Transcript

  • Lawyers and Social Media: Benefits, Best Practices, and Ethics Presented by: Nicole Black Co-author | Social Media for Lawyers--The Next Frontier Author | Cloud Computing for Lawyers Director | MyCase.com | cloud-based law practice management Wednesday, November 20, 13
  • Why should you care about social media? Wednesday, November 20, 13
  • Consider these trends… Wednesday, November 20, 13
  • Social Media Factoid #1: Social Media has overtaken porn as the #1 activity on the Web Source: Socialnomics.com Wednesday, November 20, 13
  • Social Media Factoid #2: If Facebook were a country it would be the world’s third largest Wednesday, November 20, 13
  • Social Media Factoid #3: The fastest growing segment on Facebook is 55-65 year-old females Wednesday, November 20, 13
  • Social Media Factoid #4: As of May 2011, 65% of adult users in the US use social media sites Source: Pew Internet & American Life survey, May 2011 Wednesday, November 20, 13
  • Are lawyers and businesses using social media? Wednesday, November 20, 13
  • Social Media Use by Global Fortune 500 Companies 65% 54% 50% 33% Twitter accounts Facebook pages YouTube channels Corporate blogs Source: Burson-Marsteller Fortune Global 100 Social Media Study Data collected between Nov 2009 and Jan 2010 Wednesday, November 20, 13
  • Your competitors are using social media: •47% of large law firms maintain a firm blog •22% of all lawyers maintain law firm blogs •95% of lawyers have LinkedIn profiles •38% of lawyers have Facebook profiles •13% of lawyers use Twitter * ABA Tech Report 2012 Wednesday, November 20, 13
  • Lawyers cannot afford to be left out of the loop Wednesday, November 20, 13
  • But how are lawyers using social media? Wednesday, November 20, 13
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  • Wednesday, November 20, 13
  • * Social media is useless without goals Wednesday, November 20, 13
  • Determine your goals • • • • • • Wednesday, November 20, 13 Network and build relationships Locate information to support your practice Showcase your expertise Find clients Make it easy for people to find you (SEO) Obtain speaking engagements and media mentions
  • Multi-task •Keep up to date on news & generate web presence at the same time •Meet Feedly, your new best friend Wednesday, November 20, 13
  • Text Catch up on news relevant to you in a magazine-like, easy to read format Wednesday, November 20, 13
  • Easily read and share articles and blog posts on your social networks Wednesday, November 20, 13
  • * Social and professional networking are not mutually exclusive Wednesday, November 20, 13
  • Stand out from the crowd Wednesday, November 20, 13
  • The Social Media Formula 50% - links to online content 30% - conversation with others 10% - self-promotional 10% - personal hobbies and interests Wednesday, November 20, 13
  • Take off your lawyer hat Wednesday, November 20, 13
  • Wednesday, November 20, 13
  • Think before you act Wednesday, November 20, 13
  • Remember: Don’t drink and tweet! Wednesday, November 20, 13
  • * The Ethics of Social Media Wednesday, November 20, 13
  • Sometimes the online world will feel like a maze Wednesday, November 20, 13
  • A lot of people will tell you what you can’t do. Wednesday, November 20, 13
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  • Wednesday, November 20, 13
  • Social media simply changes the medium, not the message Wednesday, November 20, 13
  • • Wednesday, November 20, 13 No false or misleading information [ABA Model Rule 7.1; LSUC 3.02,NS 3.01(2), BC 3.02(3),FLSC 3.01(2)]
  • No false or misleading information Wednesday, November 20, 13
  • • Wednesday, November 20, 13 Lawyer Advertising [ABA Model Rule 7.1; LSUC 3.01-3,NS 3.02(2), 3.03(1), BC 3.03]
  • Lawyer Advertising: Is it or isn’t it? Is it advertising? If so, a disclaimer may be required. Wednesday, November 20, 13 Distinction: Informational v. Promotional
  • • Wednesday, November 20, 13 Inadvertently creating an attorney-client relationship (ABA Model Rules 1.2, 1.4, 1.16, 4.4; LSUC 1.2 definitions “client”)
  • DON’T Unintentionally create an attorney-client relationship (ABA Model Rules 1.2, 1.4, 1.16, 4.4) (New York State Bar Association Committee on Professional Ethics  Opinion 899 (12/21/11)) Best practices: Keep responses general Provide information rather than advice Use disclaimers Wednesday, November 20, 13
  • • Wednesday, November 20, 13 Disclosing confidential information [ABA Model Rules 1.6, 8.3; LSUC 2.03,BC 2.03, FLSC 2.03, NS 2.03]
  • NO Disclosing confidential information Wednesday, November 20, 13
  • • Wednesday, November 20, 13 Improper contact with parties [ABA Model Rule 3.5 (b) & (c); LSUC 4.05, BC 4.05, FLSC 4.05, NS 4.05]
  • NO Improper contact with parties Judicial campaigns • Wednesday, November 20, 13 New York Bar Formal Opinion 2010-2
  • Deception: Not ok Wednesday, November 20, 13
  • Spying: Sometimes cool Wednesday, November 20, 13
  • Relevancy: Always ok Wednesday, November 20, 13
  • • Wednesday, November 20, 13 Improper client solicitation [ABA Model Rule 7.3; LSUC 3.01, BC 3.01, FLSC 3.01, NS 3.01]
  • NO Improper client solicitation Wednesday, November 20, 13
  • • Wednesday, November 20, 13 Stating a “specialization” [ABA Model Rule 7.4; LSUC 3.03 (this differs slightly, because Certified Specialists are in Ontario only), NS 3.03(1) and FLSC 3.03(1), BC 3.03(2)]
  • ? Stating a “specialization” (ABA Model Rule 7.4) Wednesday, November 20, 13
  • Wednesday, November 20, 13
  • Wednesday, November 20, 13
  • How can you squander even one more day not taking advantage of one of the greatest shifts of our generation? How dare you settle for less when the world has made it so easy for you to be remarkable? --Seth Godin Wednesday, November 20, 13
  • Wednesday, November 20, 13
  • Thanks for listening! Nicole Black Director | MyCase.com | a cloud-based law practice management system www.nicoleblackesq.com @nikiblack on Twitter Author and co-author of: Wednesday, November 20, 13