your social media presence – adhering to ethics rules while being social“

LegalBizSuccess - June 17, 2013 - [email protected]

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Your Social Media Presence: Adhering to Ethics Rules

while Building Your Business through Social Media

Presented By:Peggy Gruenke

LegalBizSuccessEthics CLE Seminar



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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

Why Social Media in the legal industry should not be ignored


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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, Facebook

Growth of lawyers using SM:◦ 2008: 15%◦ 2009: 43%◦ 2012: 70% depending on survey

Social Media and Ethics: It’s Hard to Keep Up


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Lawyer’s use of social networks for professional purposes

2012 ABA Legal Technology Survey Report


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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.

Today’s Goals


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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

Why will SM continue to grow


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SM gives you an ability to: o Create a focused message o LinkedIn Groupso Google+ & Google Hangoutso Blogs

o Build an audience o Blogso Twittero LinkedIno Facebook Pages

o Be strategic in your message to achieve the goal of more business

SM in and of itself, it is not a goal


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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.

And now why we’re here today


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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

ABA Model Rule 7.1: Communications Concerning a Lawyers’ Services


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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.

ABA Model Rule 7.1: Communications Concerning a Lawyers’ Services


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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.

ABA Model Rule 7.1 & 7.2: Testimonials, Endorsements and Recommendations


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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.



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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.

Testimonials & Recommendations


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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.



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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

ABA Model 7.2: Advertising and Recommendation of Professional Employment


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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

ABA Model 7.2: Advertising and Recommendation of Professional Employment


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Direct Contact:In-person, live telephone or real-time electronic communication

Solicitation vs. AdvertisingSolicitation 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”?

ABA Model Rule 7.3: Direct Contact with Prospective Clients


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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.

ABA Model Rule 7.3: Direct Contact with Prospective Clients


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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.”

Disclaimers: ABA Model Rule 7.3(c)


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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”.



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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.



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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.

ABA Model Rule 7.4: Communication of Fields of Practice and Specialization


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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”

ABA Model Rule 7.4: Communication of Fields of Practice and Specialization


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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

ABA Model Rule 1.6: Confidentiality of Client Communications


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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.

ABA Model Rule 1.6: Confidentiality of Client Communications


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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.

Confidentiality of Client Communications: ABA Model Rule 1.6


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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.

Model Rule 1.18: Inadvertent Lawyer-Client Relationship


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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.

Model Rule 1.18: Inadvertent Lawyer-Client Relationship


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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

Model Rule 5.5: Unauthorized Practice of Law


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Best Approach:oStay educated on new technology;oEngage responsibly;oConsider 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.

In Summary: Adaption of ethical rules to the dynamic world of social media


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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

Information for this presentation was gathered through many different social media channels and articles.


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Peggy Gruenke LegalBizSuccesss.com

(513) 315-5750@PeggyGruenke

Questions?See You on Social Media Soon

http://www.legalbizsuccess.com/