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Following social media guidelines
RICHARD WEINER
Technology for Lawyers
Published: December 12, 2014
Social media can be a dangerous place for attorneys.
In one instance, a lawyer’s client had to forfeit a settlement after one of the client’s children posted details of the confidential agreement to Facebook.
In another, a lawyer advised a client to delete data from Facebook and then lie about it. That lawyer was disciplined. In another, similar case, an entire Facebook account was deleted after it became obvious that it would be entered as evidence.
Recently, the Pennsylvania Bar ran all of attorney problems and potential problems through an analysis based on Rule 1.1 of the Model Rule of Professional Conduct, bringing cases and guidelines from many different jurisdictions, and came up with a ten-point guideline (Formal Opinion 2014-300) for lawyers and their relationships to social media.
Here, thanks to Chicago attorney Mary Pat Bentz, is a brief overview of those points:
1. Attorneys may advise clients about the content of their social networking websites, including the removal or addition of information.
2. Attorneys may connect with clients and former clients.
3. Attorneys may not contact a represented person through social networking websites.
4. Although attorneys may contact an unrepresented person through social networking websites, they may not use a pretextual basis for viewing otherwise private information on social networking websites.
5. Attorneys may use information on social networking websites in a dispute.
6. Attorneys may accept client reviews but must monitor those reviews for accuracy.
7. Attorneys may generally comment or respond to reviews or endorsements, and may solicit such endorsements.
8. Attorneys may generally endorse other attorneys on social networking websites.
9. Attorneys may review a juror’s Internet presence.
10. Attorneys may connect with judges on social networking websites provided the purpose is not to influence the judge in carrying out his or her official duties.
There are kinds of evidentiary and control problems with all-pervasive social media. For a brief overview of even more potential trouble areas, go here: http://www.nextpoint.com/blog/8-ways-social-media-gets-lawyers-in-trouble/
It is and always has been advisable for every law firm to have a social media policy in place, but, it has to be said, such a policy can be difficult to figure out. Perhaps these Pennsylvania guidelines can be helpful.