Colorado Criminal Defense Bar presentation

1. The Responsible & Ethical Use of Social
Media in Your Practice
Jay Ruane
Colorado Criminal Defense Lawyers
April 2014

2. [understand]
[identify]
[implement]

3. [conversation]

4. [privilege]!

5. [who?]

6. [confidentiality]!

7. Client-Lawyer Relationship
Rule 1.6 Confidentiality Of Information!
(a) A lawyer shall not reveal information
relating to the representation of a client unless
the client gives informed consent, the
disclosure is impliedly authorized in order to
carry out the representation or the disclosure
is permitted by paragraph (b).!
!
[ABA Model Rule]!

8. [confidentiality]!

10. [start every post with this in mind]

11. [timely]

12. [honest]

13. [transparent]

17. [facebook]
1. add the “Recommend” button
2. facebook insights for your own website
3. permit facebook comments (blogs)
4. facepile
5. Custom Audiences!

18. !!
[facepile in action]

19. [facebook don’ts]

21. WHAT NOT TO DO WITH TWITTER
photo courtesy of Former Congressman Anthony Weiner

22. 1. Employees can
announce where they
are
2. Firms can disclose
emergency info
3. Reward followers with
specialized information -
roadblocks
4. Create #hashtags to
encourage dialogue -
#JayIsCool
5. Add the “instant
follow” button to your
website
[twitter]

25. [things you can do]
I understand that in the course of my
representation, and after my representation has
concluded, Ruane Attorneys may share with other
attorneys legal briefs and memoranda, transcripts,
and other scholarly legal research and writing from
my case in matters unrelated to my representation.
I consent to Ruane Attorneys sharing the above
with other counsel.

26. [implementing a social media policy]
1. Just like taking personal phone calls at work, using
social media should be not be excessive and interfere
with your work.
2. When posting, always remember your comments are
public, for everyone to see, for all time.
3. Treat online comments just like you would treat
conversations at a party. Don’t reveal confidential
information, information in which we have attorney/
client privilege, and information which we use to make
our business run smarter, faster and better.
4. Respect others’ privacy & copyrights.
5. Be polite always – your voice may the only voice of
the office a person can recognize.
6. Treat your coworkers with respect online and in the
real world.
7. When you post something publicly, make it clear that
the views are your own, and not associated with the
firm.
8. Using the firm logo could imply you speak with the
blessing of the firm. You don’t. On social media
networks, you only represent yourself. You need firm
approval to blog, tweet, comment or post items on
behalf of the firm.
9. If something goes wrong, notify your supervisor as
soon as you discover the problem, so it can be
addressed timely.
10.Employees shall not accept friend requests from active
clients. We are friendly with our clients, but becoming
friends online can interfere with our ability to give
them unbiased legal advice. This doesn’t apply to
existing friends who choose to use our services, but
you will not be permitted to work on their file. This
protects your existing friendship and is in the best
interest of the client.

27. [honest]
[timely]
[transparent]