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Spokane social media 101
- 1. SOCIAL MEDIA 101 Chris Homer & Dan Lear @gngfound @rightbrainlaw
- 3. @gngfound FACEBOOK • There are 1.71 Billion monthly active users on Facebook • 1.13 Billion people log into Facebook every day • 4.75 Billion pieces of content are shared daily
- 4. @gngfound FACEBOOK DEMOGRAPHIC CHANGES • Kids leaving Facebook • Fastest growing demographic is adults ages 35-55 • Behavior is drastically changing
- 5. @gngfound SLIDE TITLE • Body One • Body Two
- 9. @gngfound LINKEDIN • There are 433 million users • 40% of users check LinkedIn daily • 59% of LinkedIn users don’t use Twitter
- 11. @gngfound BEWARE OF “SKILLS” “Opinion rules that a lawyer may accept an invitation from a judge to be a "connection" on a professional networking website, and may endorse a judge. However, a lawyer may not accept a legal skill or expertise endorsement or a recommendation from a judge.”
- 12. @gngfound TWITTER • There are 310 Million monthly active users • 44% of created accounts have never sent a Tweet • 80% of users access Twitter via a mobile device • A day’s worth of tweets would fill a 10 million page book
- 19. @gngfound BOTS AND AUTO-POSTERS • Twitter estimates that 23 million of its active users are actually bots • Tools like Hootsuite make it easy for people to send tweets and retweet without taking any action. • Are auto-tweets admissible? Federal Rules of Evidence 901(B)(5)
- 20. @gngfound INSTAGRAM • Instagram has more than 400 million monthly active users • More than 80 million photos are uploaded per day • Instagam’s monthly userbase has grown from 90 million in Jan 2013, to 400 million in September 2015
- 22. Users do not need to approve a tag to be tagged in another users photo.
- 23. @gngfound PINTEREST • 100 million regular users • 85% of users are female • One of the fastest growing social media platforms
- 26. @gngfound SNAPCHAT FASTEST GROWING • Under age of 35 • Semi-Private • Discovery Issues
- 27. @gngfound SOCIAL MEDIA ETHICS What counts as advice? • Dealing With Unrepresented Person • If the lawyer knows or reasonably should know that the “unrepresented person misunderstands the lawyer's role” • If you are engaged in a discussion LinkedIn and there is a possibility that the person misunderstands your comments make sure to inform them of your relationship and do not give legal advice.
- 28. @gngfound SOCIAL MEDIA ETHICS Is this Advertising? - Facebook Page Post Ad • Yes • May want to submit a copy of Page Post Ad as Advertising • Keep records of Ads by not deleting them Don’t Imply Results or Mislead • Communications Concerning a Lawyer's Services • Don’t say things that could lead someone to expect results • Don’t compare your firm to another like "Our firm is way better than Smith and Smith" unless you can factually substantiate
- 29. @gngfound SOCIAL MEDIA ETHICS • Other Issues • Don’t “friend” potential jurors • Accidental Discovery • Using Social For Discovery • Using Social as Evidence (Competence?) • Advising Clients About Social • Commercial Speech = Advertising
- 30. Quiz time!
- 31. Remember: Commercial Speech in Attorney Advertising “an active quest for clients” ABA Comment 1 to RPC 7.2 Informing, engaging, entertaining, or enlightening? That’s OK!
- 32. California Bar: Formal Opinion No. 2012-186
- 34. Questions?
- 35. THANK YOU Chris Homer & Dan Lear @gngfound @rightbrainlaw