1. THE ETHICAL IMPLICATIONS
OF SOCIAL MEDIA
Brian C. Focht
Stiles Byrum & Horne, LLP
www.thecyberadvocate.com

2. THE ETHICS OF SOCIAL MEDIA
PART 3:
YOUR PERSONAL USE OF
SOCIAL MEDIA

3. PERSONAL USE OF SOCIAL MEDIA
Perception:
When we’re off the clock, we’re not attorneys. Our
law firms, although important parts of our lives,
have no real interest in, and should have no
connection to, our personal lives.

4. PERSONAL USE OF SOCIAL MEDIA
Reality:
There is little actual distinction between what an
attorney does as an attorney and what they do as a
private citizen, and what an attorney says or writes
in the public realm will likely be associated with the
attorney’s firm.

5. PERSONAL USE OF SOCIAL MEDIA
The Story of Steven M. Regan, Real Estate Attorney
Partner at Reed Smith in Pittsburgh

6. PERSONAL USE OF SOCIAL MEDIA
The Story of Steven M. Regan, Real Estate Attorney
Partner at Reed Smith in Pittsburgh
Smith: “@SCOTUSblog – Don’t screw up this like ACA.
No such thing as greenhouse gas. Carbon is necessary for
life.”

7. PERSONAL USE OF SOCIAL MEDIA
The Story of Steven M. Regan, Real Estate Attorney
Partner at Reed Smith in Pittsburgh

8. PERSONAL USE OF SOCIAL MEDIA
The Story of Steven M. Regan, Real Estate Attorney
Partner at Reed Smith in Pittsburgh
Smith: “@SCOTUSblog Go f@ck yourself and die.”

9. PERSONAL USE OF SOCIAL MEDIA
The Story of Steven M. Regan, Real Estate Attorney
Partner at Reed Smith in Pittsburgh

10. PERSONAL USE OF SOCIAL MEDIA
The Story of Steven M. Regan, Real Estate Attorney
Partner at Reed Smith in Pittsburgh
Attorney Regan’s personal use of his own Twitter account
forced his firm to issue this statement:

11. PERSONAL USE OF SOCIAL MEDIA
The Story of Steven M. Regan, Real Estate Attorney
Partner at Reed Smith in Pittsburgh
Reed Smith Spokesperson:
“The posting of offensive commentary or language on
social media is inappropriate and inconsistent with Reed
Smith’s social media policy. We are addressing this matter
internally.”

12. PERSONAL USE OF SOCIAL MEDIA
NC RULES OF PROFESSIONAL CONDUCT
Important Provisions:
1.1 - Competence
1.6 – Confidentiality
1.9 – Duties to Former Clients
1.18 – Duties to Prospective Clients
3.5 – Impartiality and Decorum of the Tribunal
3.6 – Trial Publicity

13. PERSONAL USE OF SOCIAL MEDIA
NC RULES OF PROFESSIONAL CONDUCT
Important Provisions:
4.2 – Communication with Persons Represented by Counsel
7.4 – Communication of Fields of Practice and
Specialization
8.2 – Judicial and Legal Officials

14. PERSONAL USE OF SOCIAL MEDIA
Situation: Blogging about your practice
Applicable Rule(s): 1.6, 1.9, 8.2 (among others)
To Comply: Don’t reveal confidential info, anything that
might disadvantage a former client; be careful when
discussing court proceedings or staff
Make sure statements are accurate
Avoid misleading statements that could be interpreted as advertising

15. PERSONAL USE OF SOCIAL MEDIA
Situation: Blogging about your practice
Applicable Rule(s): 1.6, 1.9, 8.2 (among others)
To Comply: Don’t reveal confidential info, anything that
might disadvantage a former client; be careful when
discussing court proceedings or staff
“Won my trial, $5 million dollar verdict!”
-OR-
“Another $5 million dollar verdict. As always, my client is ecstatic!”

16. PERSONAL USE OF SOCIAL MEDIA
Situation: Blogging about your practice
Applicable Rule(s): 1.6, 1.9, 8.2 (among others)
To Comply: Don’t reveal confidential info, anything that
might disadvantage a former client; be careful when
discussing court proceedings or staff
Be EXTREMELY careful when blogging about your judge
Avoid posting anything about your day when you’re upset

17. PERSONAL USE OF SOCIAL MEDIA
Situation: Blogging about your practice
Applicable Rule(s): 1.6, 1.9, 8.2 (among others)
To Comply: Don’t reveal confidential info, anything that
might disadvantage a former client; be careful when
discussing court proceedings or staff
Some things you shouldn’t post:
Referring to a judge as an “Evil, Unfair Witch.”
-Sean Conway, Fort Lauderdale, FL

18. PERSONAL USE OF SOCIAL MEDIA
Situation: Blogging about your practice
Applicable Rule(s): 1.6, 1.9, 8.2 (among others)
To Comply: Don’t reveal confidential info, anything that
might disadvantage a former client; be careful when
discussing court proceedings or staff
Some things you shouldn’t post:
-Sean Conway, Fort Lauderdale, FL
* Public Reprimand, $1,200 fine *

19. PERSONAL USE OF SOCIAL MEDIA
Situation: Blogging about your practice
Applicable Rule(s): 1.6, 1.9, 8.2 (among others)
To Comply: Don’t reveal confidential info, anything that
might disadvantage a former client; be careful when
discussing court proceedings or staff
Some things you shouldn’t post:
Referring to a judge as “Judge Clueless.”
-Kristine A. Peshek, IL

20. PERSONAL USE OF SOCIAL MEDIA
Situation: Blogging about your practice
Applicable Rule(s): 1.6, 1.9, 8.2 (among others)
To Comply: Don’t reveal confidential info, anything that
might disadvantage a former client; be careful when
discussing court proceedings or staff
Some things you shouldn’t post:
“This stupid kid is taking the rap for his drug-dealing dirtbag of an
older brother…”
-Kristine A. Peshek, IL

21. PERSONAL USE OF SOCIAL MEDIA
Situation: Blogging about your practice
Applicable Rule(s): 1.6, 1.9, 8.2 (among others)
To Comply: Don’t reveal confidential info, anything that
might disadvantage a former client; be careful when
discussing court proceedings or staff
Some things you shouldn’t post:
“You want to go back and tell the judge that you lied?”
-Kristine A. Peshek, IL

22. PERSONAL USE OF SOCIAL MEDIA
Situation: Blogging about your practice
Applicable Rule(s): 1.6, 1.9, 8.2 (among others)
To Comply: Don’t reveal confidential info, anything that
might disadvantage a former client; be careful when
discussing court proceedings or staff
Some things you shouldn’t post:
-Kristine A. Peshek, IL
* 60-day suspension in Illinois and Wisconsin *

23. PERSONAL USE OF SOCIAL MEDIA
Situation: Blogging about your practice
Applicable Rule(s): 1.6, 1.9, 8.2 (among others)
To Comply: Don’t reveal confidential info, anything that
might disadvantage a former client; be careful when
discussing court proceedings or staff
Some things you shouldn’t post:
Blog posts about case while an empaneled juror
-Frank R. Wilson, San Diego, CA

24. PERSONAL USE OF SOCIAL MEDIA
Situation: Blogging about your practice
Applicable Rule(s): 1.6, 1.9, 8.2 (among others)
To Comply: Don’t reveal confidential info, anything that
might disadvantage a former client; be careful when
discussing court proceedings or staff
Some things you shouldn’t post:
-Frank R. Wilson, San Diego, CA
* 45-day suspension, $14,000 fines/fees, lost his job*

25. PERSONAL USE OF SOCIAL MEDIA
Situation: Responding to basic legal questions
Applicable Rule(s): 1.1, 1.6, 1.18
To Comply: Don’t let the person on the other end expect
that you’re their attorney; do no harm

26. PERSONAL USE OF SOCIAL MEDIA
Situation: Responding to basic legal questions
Applicable Rule(s): 1.1, 1.6, 1.18
To Comply: Don’t let the person on the other end expect
that you’re their attorney; do no harm
Don’t give bad advice – competence rules still apply!
Only need a reasonable belief that you’re their attorney
Location, location, location!

27. PERSONAL USE OF SOCIAL MEDIA
Situation: Recommendations & Endorsements
Applicable Rule(s): 7.4
To Comply: If you have no independent basis to make the
recommendation, don’t do it!
Are you endorsing skills the person actually has?
Quid pro quo is BAD
Astroturfing –
If it’s fake, don’t do it!

28. MARKETING YOUR FIRM VIA SOCIAL MEDIA
BEST PRACTICES:
1. Remember: THE RULES STILL APPLY
2. To keep accounts completely personal, avoid
discussions of the law
3. If you wouldn’t post it on your firm’s Social Media,
don’t post it on yours

29. THE ETHICAL IMPLICATIONS
OF SOCIAL MEDIA
Brian C. Focht
Stiles, Byrum & Horne, LLP
bfocht@sbhlaw.net
www.thecyberadvocate.com