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Lawyers and Social Media: Benefits, Best
Practices, and Ethics
Presented by:
Nicole Black
Co-author | Social Media for Lawy...
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

Wednesda...
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 & Ameri...
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

Co...
Your competitors are using social media:
•47% of large law firms maintain a firm
blog

•22% of all lawyers maintain law firm
...
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
Wednesday, November 20, 13
Wednesday, November 20, 13
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 suppor...
Multi-task

•Keep up to date on news &

generate web presence at the same
time

•Meet Feedly, your new best
friend

Wednes...
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% - persona...
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
Wednesday, November 20, 13
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),FL...
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, 1...
•

Wednesday, November 20, 13

Inadvertently creating an attorney-client
relationship (ABA Model Rules 1.2, 1.4,
1.16, 4.4...
DON’T
Unintentionally create an
attorney-client relationship
(ABA Model Rules 1.2, 1.4, 1.16, 4.4)
(New York State Bar Ass...
•

Wednesday, November 20, 13

Disclosing confidential information
[ABA Model Rules 1.6, 8.3; LSUC
2.03,BC 2.03, FLSC 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,...
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 C...
?

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
...
Wednesday, November 20, 13
Thanks for listening!
Nicole Black
Director | MyCase.com | a cloud-based law
practice management system
www.nicoleblackesq...
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Florida social media

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

Published in: Technology, Business
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Transcript of "Florida social media"

  1. 1. 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
  2. 2. Why should you care about social media? Wednesday, November 20, 13
  3. 3. Consider these trends… Wednesday, November 20, 13
  4. 4. Social Media Factoid #1: Social Media has overtaken porn as the #1 activity on the Web Source: Socialnomics.com Wednesday, November 20, 13
  5. 5. Social Media Factoid #2: If Facebook were a country it would be the world’s third largest Wednesday, November 20, 13
  6. 6. Social Media Factoid #3: The fastest growing segment on Facebook is 55-65 year-old females Wednesday, November 20, 13
  7. 7. 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
  8. 8. Are lawyers and businesses using social media? Wednesday, November 20, 13
  9. 9. 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
  10. 10. 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
  11. 11. Lawyers cannot afford to be left out of the loop Wednesday, November 20, 13
  12. 12. But how are lawyers using social media? Wednesday, November 20, 13
  13. 13. Wednesday, November 20, 13
  14. 14. Wednesday, November 20, 13
  15. 15. Wednesday, November 20, 13
  16. 16. * Social media is useless without goals Wednesday, November 20, 13
  17. 17. 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
  18. 18. 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
  19. 19. Text Catch up on news relevant to you in a magazine-like, easy to read format Wednesday, November 20, 13
  20. 20. Easily read and share articles and blog posts on your social networks Wednesday, November 20, 13
  21. 21. * Social and professional networking are not mutually exclusive Wednesday, November 20, 13
  22. 22. Stand out from the crowd Wednesday, November 20, 13
  23. 23. 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
  24. 24. Take off your lawyer hat Wednesday, November 20, 13
  25. 25. Wednesday, November 20, 13
  26. 26. Think before you act Wednesday, November 20, 13
  27. 27. Remember: Don’t drink and tweet! Wednesday, November 20, 13
  28. 28. * The Ethics of Social Media Wednesday, November 20, 13
  29. 29. Sometimes the online world will feel like a maze Wednesday, November 20, 13
  30. 30. A lot of people will tell you what you can’t do. Wednesday, November 20, 13
  31. 31. Wednesday, November 20, 13
  32. 32. Wednesday, November 20, 13
  33. 33. Social media simply changes the medium, not the message Wednesday, November 20, 13
  34. 34. • 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)]
  35. 35. No false or misleading information Wednesday, November 20, 13
  36. 36. • 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]
  37. 37. 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
  38. 38. • 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”)
  39. 39. 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
  40. 40. • 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]
  41. 41. NO Disclosing confidential information Wednesday, November 20, 13
  42. 42. • 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]
  43. 43. NO Improper contact with parties Judicial campaigns • Wednesday, November 20, 13 New York Bar Formal Opinion 2010-2
  44. 44. Deception: Not ok Wednesday, November 20, 13
  45. 45. Spying: Sometimes cool Wednesday, November 20, 13
  46. 46. Relevancy: Always ok Wednesday, November 20, 13
  47. 47. • Wednesday, November 20, 13 Improper client solicitation [ABA Model Rule 7.3; LSUC 3.01, BC 3.01, FLSC 3.01, NS 3.01]
  48. 48. NO Improper client solicitation Wednesday, November 20, 13
  49. 49. • 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)]
  50. 50. ? Stating a “specialization” (ABA Model Rule 7.4) Wednesday, November 20, 13
  51. 51. Wednesday, November 20, 13
  52. 52. Wednesday, November 20, 13
  53. 53. 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
  54. 54. Wednesday, November 20, 13
  55. 55. 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
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