Your Social Media Presence – Adhering to Ethics Rules While Being Social“

LegalBizSuccess - June 17, 2013 -
PGruenke@LawBizCOO.com 1

Presented By:
Peggy Gruenke
LegalBizSuccess
Ethics CLE Seminar
LegalBizSuccess - June 17, 2013 - PGruenke@LawBizCOO.com 2

 Great tool for
◦ Building Relationships
◦ Marketing (It’s Free)
◦ Building Brand Awareness & Reputation
◦ Cultivating Referrals
◦ Learning From Others While Passing on
Some of Your Own Knowledge

 Established in 2009, in the context of advances
in technology and global legal practice
developments.
◦ Recognizing technology is transforming the practice of
law.
 Social Media and Social Networking:
◦ Allows users to upload profiles, post articles, join
networks, add friends, educate and share
 Legal
OnRamp, LinkedIn, LawLink, Avvo, JDSupra, Face
book
 Growth of lawyers using SM:
◦ 2008: 15%
◦ 2009: 43%
◦ 2012: 70% depending on survey

2012 ABA Legal Technology Survey
Report

Learn how to use Social Media
ethically and easily to
increase your comfort level
The rise of social media represents
a renewed focus on
relationships, the foundation of
your profession.

 It’s no longer just for kids
◦ Facebook 1.1B users
◦ LinkedIn 225M Users
 Average income of LinkedIn member: over $100,000
◦ Twitter 300+M Tweets/day
 Let me that
 People do business with people they
know, like and trust

SM gives you an ability to:
o Create a focused message
o LinkedIn Groups
o Google+ & Google Hangouts
o Blogs
o Build an audience
o Blogs
o Twitter
o LinkedIn
o Facebook Pages
o Be strategic in your message to achieve
the goal of more business

The same familiar ethics rules that guide your
offline marketing and advertising will guide
your online conduct.
◦ A communication that is inherently
unethical, doesn’t become acceptable when
posted as a tweet or status update.
◦ A blog post explaining a recent case or how to
file a BY, doesn’t become bar regulated
advertising just because it was published online.

 A lawyer may not make false or misleading
communication about the lawyer or the lawyer
services.
◦ ..if it false or misleading, contains misrepresentation
of facts or law, or omits a fact necessary to make the
statement as a whole not misleading.
 Types of SM Sites:
◦ LinkedIn profiles
◦ Directory Sites
◦ Blogging
◦ Facebook

 To avoid being misleading:
◦ Keep online presence up to date
 Dates of employment
 States admitted
 Practice areas
 Address, phone numbers
 Current positions, awards
◦ Include disclaimers to prevent creating misleading
expectations
 When posting articles, date the post and
include a note that the content was accurate at
date of the writing.

 Testimonials are ethical red flags in
advertising.
◦ “The best lawyers in town”
◦ “Highest Level of Excellence”
◦ “Settled my case fast”
◦ Comparative statements that cannot be
factually substantiated.

 Review each Recommendation Testimony
to make sure your client did not use
prohibited words:
 Best, Super, Fast, Most Experienced, Best
Results
 If you have control over testimonials or
recommendation on a 3rd party
site, you are responsible for making
sure the posting is ethically
compliant. LegalBizSuccess - June 17, 2013 -

 Comment 3 to Rule 7.1 of the Ohio Rules of
Professional Conduct also states that past case
result, testimonials, or any other advertisement that
reports on a lawyer's achievements on behalf of
another client may be misleading if presented in a
way that would create an expectation that the same
results would be obtained for another client in a
similar situation. Testimonials on an Ohio attorney's
website or other internet marketing material are often
problematic because a former client will naturally
attempt to compare their attorney to other attorneys.
Often, former clients are overzealous in their
description without providing enough information
that puts the comment in the proper context.

 Endorsements: Be wary of endorsing someone
you know exclusively from social media sites
and have never met.
◦ You should specify your limited in-person knowledge
when writing the endorsement
◦ LinkedIn Endorsements for Skills
 Reciprocal endorsements and giving something
to someone for recommending you:
◦ This is prohibited;
◦ Be careful of offering reciprocal Recommendations on
sites like LinkedIn.

 Is Your LinkedIn Profile/Facebook
Page/Twitter Bio Considered Advertising
◦ If your online activities promote a law practice, then
it is considered lawyer advertising (ABA Formal
Opinion 10-457)
◦ Error on the side “Yes it is”
 Your SM sites, which promote you as a
lawyer:
◦ LinkedIn, Facebook, Google+ pages, Directory sites
◦ Bios and Summary Pages

 Rule 7.2(c) requires any communication
considered advertising to include:
◦ Name of lawyer or law firm (LinkedIn firm
pages, Facebook pages, Google Places)
◦ Office address
 Include “Advertisement Only” on site
 Prior review of advertisement material
◦ KY – required for website; for directory sites
 SM sites? No separate ruling
◦ You Tube videos embedded on sites

Direct Contact:
In-person, live telephone or real-time
electronic communication
Solicitation vs. Advertising
Solicitation involves direct contact with a specific
person or group of people for the purpose of
getting hired
Are SM sites “real-time communication or
general advertising”?

 On many SM sites, If there is a degree of a
“personal relationship” already established.
Rule 7.3 allows solicitation if person contacted is
family, friend, another lawyer, or prior professional
relationship.
 LinkedIn Invites to Connect, Facebook Friends
 Tweeting your availability to represent a car
crash victim that just posted about the car
crash he was just in is solicitation.
◦ Twitter as a real time communication micro-
blog, can create unique ethical opportunities.

Every electronic communication from a lawyer
to a prospective client known to be in need of
legal services should include the words
“Advertising Material” unless it falls under
one of the exceptions listed in Rule 7.3.
 On SM Sites:
“ I invite you to contact me. Contacting me does not
create an attorney-client relationship. Please do not
include any confidential information in your
communications. I encourage you to visit my website or
call me at 513-315-5750. Thank you for reaching out
to me. I will be in touch shortly.”

 Include a disclaimer on your Facebook About
Section, LinkedIn Profile and Firm LinkedIn
page.
“The information on this site is not, nor is not
intended to be, legal advice. You should consult an
attorney for individual advice regarding your own
situation. ADVERTISEMENT ONLY”
 For Twitter Bio section – use “Advertisement
Only”.

 Please consult an attorney for advice about
your individual situation. This site and its
information is not legal advice, nor is it
intended to be. Feel free to get in touch by
electronic mail, letters or phone calls.
Contacting us does not create an attorney-
client relationship. Until an attorney-client
relationship is established, please withhold
from sending any confidential information to
us.

Claiming yourself as an expert or specialist
requires special certification by an
approved, accredited authority.
 Under Rule 7.4 (e) of the Ohio Rules of Prof.
Conduct, an attorney must not state or imply
that they are a specialist, certified or
specialized in a particular field of law, unless:
◦ The lawyer or law firm has been certified as a
specialist by an approved organization; and
◦ And the communication clearly identifies the name
of the certifying organization.

 On the Summary section of your LinkedIn
Profile:
◦ Specialties section removed in new profile design –
replaced with Skills & Experience
◦ However, Specialties remain on profiles of those
users who actually populated the section before the
conversion to the new design.
◦ Include a Disclaimer in sections of SM sites.
 LinkedIn: Summary Page and Company Page
 “The designated specialties listed are practice areas”

SM presents new ways to accidently reveal client
information.
 Must ensure that information relating to a
client does not advertently get disclosed:
◦ Responsible for other people who work with you;
◦ Staff using SM should be made aware of limits of
confidentiality when using SM.
 Duty to Inform and means of communication
◦ Not SM related but worth a mention.
 Email communciations

 Posting about ongoing client matters in
Updates, Tweets or within Groups is best if
avoided (even if not mentioning client name);
 Posting about “live” cases and matters =
hottest area in legal ethics;
 In Facebook and Twitter – a potential ethics
landmine is the option to provide geographical
coordinates about the places you are posting
from.

 Via SM sites: Responding to questions with
prospective clients
◦ Provide only general responses;
◦ Encourage prospective client to call you;
◦ Have a disclaimer (LinkedIn example)
 Connecting to current clients
◦ Consider confidentiality issues when requesting or
accepting client invitations;
◦ Would anyone looking at your connections know
the person was a client vs. a
friend, neighbor, colleague.

Even if a client never executes an engagement
letter, an attorney-client relationship may be
implied.
 Answering questions: be sure you are not
offering legal advice.
◦ Have a disclaimer process set-up
 ABA Formal Opinion 10-457 on Rule 1.18
(attached) has several case studies regarding
answering questions posted on the Internet.
 Rule 1.18 discusses your duty once you have
learned information from a prospective client.

 Use of disclaimers to inform person visiting
site:
◦ “… the existence of an attorney-client relationship
is not established via this communication, do not
send confidential information, please contact me
directly at … to further discuss…” Or send them to
your website where a more formal disclaimer exists.
 SM is fast and casual – expectations of the
inquirer are unknown.

Answering questions and participating on social
sites means your message is sent to those
outside your jurisdiction.
 Identify your state of jurisdiction in your profile.
 Representing someone who has contacted you
via SM channels, determine the client’s
geographic location or where claim is located.
 Blog articles:
◦ Include date posted, applies to jurisdiction

Best Approach:
o Stay educated on new technology;
o Engage responsibly;
o Consider a social media policy for your firm;
o If you are going to have SM sites and
directories, review 2 or 3 times/yr;
o If it’s on the web, you are responsible.

Content from the following books was also used:
“Twitter in One Hour for Lawyers” by Jared Correia
“LinkedIn in One Hour for Lawyers” by Dennis
Kennedy and Allison C. Shields
“Social Media for Lawyers: The Next Frontier” by
Nicole Black and Carolyn Elefant

Peggy Gruenke
LegalBizSuccesss.com
(513) 315-5750
@PeggyGruenke

Your Social Media Presence – Adhering to Ethics Rules While Being Social“

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