The Social Media and Online Presence of Law Firms: Risks and Opportunities Jennifer Ellis is an attorney with the Philadelphia area law firm of Lowenthal & Abrams, PC. She focuses her practice on handling issues involving social media as related to medical malpractice, personal injury, workers’ compensation, social security disability, and nursing home abuse and negligence. In addition, Jennifer is a law practice management consultant. She focuses her consulting on three areas: creating and improving the online presence of law firms, helping attorneys increase their efficiency, and aiding businesses in their efforts to reach the legal vertical market. A nationally known speaker and author, Jennifer speaks and writes on topics including social media, ethics, law practice management, and technology. She is also the author of the chapter on social media for the American Bar Association Book, 2013 Solo and Small Firm Legal Technology Guide and sole author for the upcoming book, Wordpress Websites in One Hour . Prior to becoming a consultant, Jennifer served with the Pennsylvania Bar Institute, concluding her twelve year tenure there as Associate Director of Media Technologies. She managed many of PBI’s programs on technology, technology law and law practice management, as well as PBI’s social media presence. Jennifer led PBI to two ACLEA awards for technology and social media marketing. Jennifer is involved in the American and Pennsylvania Bar Associations. She serves on the CLE, Publications and Diversity Committees of the American Bar Association, and as Secretary of both the Solo and Small Firm Section and Gay and Lesbian Rights Committee of the Pennsylvania Bar Association. She is licensed to practice law in Pennsylvania. Contact Jennifer at [email protected]. Find her online at www.jlellis.net
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The Social Media and Online Presence of Law Firms:
Risks and Opportunities
Jennifer Ellis is an attorney with the Philadelphia area law firm of Lowenthal & Abrams, PC.
She focuses her practice on handling issues involving social media as related to medical
malpractice, personal injury, workers’ compensation, social security disability, and nursing home
abuse and negligence.
In addition, Jennifer is a law practice management consultant. She focuses her consulting on
three areas: creating and improving the online presence of law firms, helping attorneys increase
their efficiency, and aiding businesses in their efforts to reach the legal vertical market.
A nationally known speaker and author, Jennifer speaks and writes on topics including social
media, ethics, law practice management, and technology. She is also the author of the chapter on
social media for the American Bar Association Book, 2013 Solo and Small Firm Legal
Technology Guide and sole author for the upcoming book, Wordpress Websites in One Hour.
Prior to becoming a consultant, Jennifer served with the Pennsylvania Bar Institute, concluding
her twelve year tenure there as Associate Director of Media Technologies. She managed many of
PBI’s programs on technology, technology law and law practice management, as well as PBI’s
social media presence. Jennifer led PBI to two ACLEA awards for technology and social media
marketing.
Jennifer is involved in the American and Pennsylvania Bar Associations. She serves on the CLE,
Publications and Diversity Committees of the American Bar Association, and as Secretary of
both the Solo and Small Firm Section and Gay and Lesbian Rights Committee of the
Pennsylvania Bar Association. She is licensed to practice law in Pennsylvania.
Contact Jennifer at [email protected]. Find her online at www.jlellis.net
I. How and Why Law Firms Should Use Social Media 3 II. Ethical Considerations of Social Media Use for Law Firms 7 III. Powerpoint – Follows Audio Presentation 13
DISCLAIMER: The following materials and accompanying Access MCLE, LLC audio program are for instructional purposes only. Nothing herein constitutes, is intended to constitute, or should be relied on as, legal advice. The author expressly disclaims any responsibility for any direct or consequential damages related in any way to anything contained in the materials or program, which are provided on an “as-is” basis and should be independently verified by experienced counsel before being applied to actual matter. By proceeding further you expressly accept and agree to Author’s absolute and unqualified disclaimer of liability.
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How and Why Law Firms Should Use Social Media
Jennifer Ellis
[email protected] Hundreds of millions of people around the world use social media. Those people represent themselves, businesses of every kind as, well as current and potential clients. Law firms can take advantage of social media both for the possibility to obtain clients, communicate with current clients or engage in research. The most popular sites about which law firms should be aware currently are Facebook, Twitter, LinkedIn, Google+ and Avvo. Facebook The most well-known and popular social media site is Facebook. Since Facebook has in excess of 1 billion members it is not surprising that it has rapidly become the most popular site on the Web, a role once held by Google. Due to its size and impact, it is crucial that attorneys understand how to utilize Facebook as a marketing tool and also appreciate its contents for purposes of researching clients, experts and others. Content is King Just having a Facebook page isn’t enough. You need to give people a reason to visit the page. What do you plan on providing to your potential clients? You will need to decide what you want to provide on your firm’s own page, within the ethical constraints of the rules, of course. For example you might want to note specific cases of interest or put a video introducing yourself. The goal of your Facebook page should be to drive traffic to your Website or to your phone; to let clients get to know you and your firm so they have a reason to communicate with you. Are you Utilizing Facebook in a Useful Way for your Firm?
If you connect everything you have—website, Twitter, Facebook, LinkedIn, etc.—and use the various web tools available to you, someone is more likely to find you when conducting a search on your area of law. A Facebook page may not get you a client, but it might get a potential client to visit your website for more information or pick up the phone and call you. As a result, Facebook pages are a unique opportunity to help you increase your presence on the web. Facebook shows up early in Google and Bing searches and your page might well show up earlier in search results than your website.
Most firms use a Facebook profile instead of a page to serve as their presence on Facebook; generally not a good idea. First, Facebook’s terms of service make it very clear that an account is for an individual, not a business. Second, Facebook’s pages, especially since the recent changes, have a variety of tools that make the use of a page a better choice for marketing purposes.
A Facebook account has a wall, photos and videos. Facebook pages have the additional capability for tabs which act as linked documents, much like a regular website. A simple Facebook page can include detailed biographies, pictures and contact information for all attorneys in a firm along with other useful information for potential clients. In the very near future Facebook will enable advanced coding on pages, meaning designers will be limited only by their imaginations and the space. There will no doubt be some extraordinary Facebook pages after the changes are released.
Another neat trick on a Facebook page is the ability to create a special landing page. A landing page is the first item someone sees when they visit a Facebook page the first time and until they click like. For an example take a look at Dell’s Facebook page. Since Facebook walls tend to have a lot of constantly changing information, a landing page is a great way to control the first impression of your firm a potential client sees on Facebook.
Pages are easier to follow than accounts. With an account a user has to ask permission to become a Friend and you have to accept. For a page a user can choose to click like, or just visit your page and follow the information you provide.
You can advertise a page on Facebook; a great way to increase your followers at a low cost. If you haven’t tried a Facebook ad consider it. Ads aren’t expensive and can help point users to your page or website.
Pages also provide insights. You can see how many people are viewing your page, their age range and other useful information to help you identify who is interested in your firm.
Last, now you can actually communicate as your page. You can choose to surf Facebook as the page instead of as an individual; visit individual accounts and other pages on Facebook and comment when appropriate (and ethical.) This ability increases the profile of the page and provides the opportunity for you to communicate with Facebook users at large, increasing your firm’s presence.
Don’t give up the useful tools available to you by staying with a Facebook profile instead of a page. Convert your account to one you use for yourself, still an excellent networking tool, and take advantage of the opportunities provided by a page. Working with a page and an account together you can make your Facebook presence and marketing opportunities even stronger than before.
Twitter
Twitter is another way to communicate with clients and potential clients. Share late
breaking news, developments in cases, anything short and snappy that you feel will be of
interest and attract attention. In this way you will build your contacts and build your
networking and marketing opportunities.
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Don’t be afraid to humanize yourself via Twitter. Let people know you are going to a
baseball game or got stuck in the snow. The Internet has, in some ways, made it hard for
people to communicate face-to- face and get a sense of one another. Social Media,
especially Twitter can be a great way to give people a sense of who you are. In the end,
many people will hire the attorney with whom they are comfortable, and Twitter can let
people know what you are about.
LinkedIn LinkedIn is a bit different from the other Social Media sites because of its professional
nature. Generally speaking, Facebook and Twitter are a mix of business, personal and
everything in between. LinkedIn is supposed to be used solely for business contacts. I
recommend every attorney have a LinkedIn Account. Use LinkedIn to make useful
connections that will enable you to grow your business by expanding your social network.
Find groups that are appropriate to you, invite all of your professional colleagues to
become connections and grow your contact list. Both you and your connections will find
LinkedIn all the more useful as you mutually grow your sphere of contacts.
Google+
Google has tried to social media several times without great success. Google+ is its newest
offering. The problem with Google+ is that many people are already using Twitter and/or
Facebook and don’t care to use another site. While Google claims 170 million people have
upgraded to Google+, that doesn’t really tell us much. It is uncertain how many people post
on Google+ on any given day. However, this does not mean that a firm can ignore Google+.
Google has very wisely integrated Google+ with its search results. This means if someone
writes about a topic, perhaps Employee Benefits, on a Google+ page or account, when
someone searches for Employee Benefits, the post from Google+ might well show up.
Essentially, Google has turned search engine optimization on its head a bit by integrating
its own social media site into its search results. As a result, the wise firm, or business,
would do well to create a Google+ account and put valuable content in that account as a
way to encourage people to find it on the web.
Avvo
Avvo is another option to help potential clients find you; but keep in mind that it is a very
controversial site among attorneys. Initially, Avvo simply provides information about
whether an attorney has any disciplinary history. Once an attorney claims his listing, Avvo
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provides a rating based on longevity of practice, recognition, and disciplinary history. On
occasion, even if an attorney has not claimed his profile, Avvo will provide a rating. Also,
from time-to-time, Avvo takes a picture from an attorney’s website and places it in the
profile.
If you decide to claim your listing, be prepared to fill out your profile immediately.
Otherwise your rating will simply be based on the fact you are licensed, have never (or
have been) in disciplinary trouble, and how long you have been licensed. My rating was 6.2
when I claimed my listing. By filling out my profile and obtaining an endorsement or two, I
raised the rating to 10
The purpose of Avvo is to help clients find you, so claiming your listing with an updated
profile can be a useful way to for potential clients to seek you out. Make sure you complete
the contact information as well as the profile information.
Keep in mind that once you claim your rating you cannot get rid of it. Newer attorneys
especially will have low ratings due to their lack of experience. Any disciplinary problems
at all will also cause a low number. Do not claim your profile if you are concerned about
your rating number.
Avvo also provides the ability to purchase ads and answer questions. Be careful answering
questions since you can easily go outside your area of expertise or end up violating
unauthorized practice of law by answering a question from someone in a different state. Be
sure, if you do answer a question, to provide an appropriate disclaimer
Conclusion
In the end, social media sites provide a wonderful way to locate and communicate with
potential and existing clients. Law firms would do well to take advantage of the myriad
ways through which potential clients can find them by taking advantage of these important
and popular new resources.
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Ethical Considerations of Social Media Use for Law Firms
Jennifer Ellis
Since social media is so new there are not many reported opinions to be found relating to
the issue of an attorney’s ethical obligations when utilizing social media for advertising,
communication, research or in litigation. As a result it is important to understand that the
best way to handle ethical obligations under social media is to look at the current state of
ethical rules and also, to look to the few guidance opinions provided by bar associations on
the issue.
If it isn’t Ok Off-Line it isn’t ok On-Line
Ethical obligations generally, as well as specifically to online issues most frequently come
down to common sense and following the rules as they already exist. There are no doubt
some complex issues when it comes to online and social media behavior, but if it doesn’t
pass the smell test, as it were, the best bet is not to engage in the behavior.
Accessing Social Media Data
Given the value of the information contained within social media accounts it is no surprise
that attorneys desire to obtain access to the information. It is not at all uncommon, for
example, for an individual to say one thing in person to her attorney or a judge and to post
completely contradictory information on Facebook. For example, an oft cited story is an
individual who claimed she could not leave her home due to emotional harm from an injury,
only to in turn post a picture showing her attendance at a party. In times past it was
necessary to hire a private investigator to prove someone was lying about his injury for a
workers’ compensation claim; now the plaintiff frequently posts a picture of himself
chopping wood or carrying a heavy couch, the exact evidence the defense attorney needs to
prove her case.
Privacy Settings Are Important
The majority of users, some 70%, do not change their privacy settings when they sign up
for a social media account. Given the purpose of social media sites is to share information,
this generally means that users are sharing a substantial amount of information. If the
information is freely accessible, an attorney may feel free to view that information.1
1 New York State Bar Association, Committee on Professional Ethics, Opinion 843, (September 10, 2010.)
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Ethical Pitfalls in Research and Discovery
There are a number of relevant guidance opinions from the New York City and State Bars,2
Philadelphia Bar3, and the San Diego County Bar4 Associations surrounding issues related
to perform research utilizing social media. Please review the chapter on Discovery for
details on these important opinions.
Advertising and Communication via Social Media
Attorneys need to assume that virtually every communication in which they engage via
social media is a form of advertising; whether a post on a blog, an actual paid ad, or
communication with a potential client via Facebook, Twitter or LinkedIn. The reason for
such caution is it is difficult to know exactly how various states will determine to handle
social media and it is best to make certain to avoid future ethical issues through online
communications. Advertising rules are already complicated and the failure for the rules to
address social media makes the situation all the more difficult.
Pa. Rule 7.2 - Advertising
The first rule of which attorneys need to be aware relates directly to advertising and it is Pa.
Rule 7.2. One of the most complex issues under Rule 7.2 for social media advertising is the
need to keep copies for at least 2 years. It is also important to note which attorney (and it
must be a specific attorney) is responsible for the ad and where the ad was placed. The
easiest way to keep a record is to either create a PDF of the document or take a snapshot of
it (depending on the size and what it is) and to save the corresponding file in an organized
fashion. Other areas about which attorneys and their marketing advisers need to be aware
are:
No referral payments to non-lawyers
No celebrity endorsements
Must disclose paid endorsements
May not have non-lawyer or non-client portrayals of reenactments
Must reveal any fee restrictions
2 New York State Bar Association Guidance Opinion 843 http://www.nysba.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=43208 3 Philadelphia Bar Association Guidance Opinion 2009-02 http://www.philadelphiabar.org/WebObjects/PBAReadOnly.woa/Contents/WebServerResources/CMSResources/Opinion_2009-2.pdf 4 SDCBA Ethics Opinion 2011-2, May 24, 2011 https://www.sdcba.org/temp/ts_A65701C0-BDB9-505B-D543B173C1BEC623A65701D0-BDB9-505B-D8CE20D504FFB511/Ethics%20Opinion%202011-2%20Social%20Media%202011%20FINAL.pdf
potential-jurors-jury-selection?_s=PM:TECH 9 NYCLA Committee on Professional Ethics, Formal Opinion 743, May 18, 2011 https://www.nycla.org/siteFiles/Publications/Publications1450_0.pdf
• Malware Prevention on WordPress Websites and Blogs
• Resolve to Backup your Data
• Following the T’eo Story – And Other Internet Fakers
• Ever thought about building your own computer?
• Facebook jumps on the social search bandwagon
• Update Java Right Now. Mac, Linux or PC, All Are Vulnerable
• Pinterest creates business pages
• Twitter sinks a personal injury case
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• Why won’t a lawyer take my Philadelphia medical malpractice case?
• Pennsylvania Fatal Truck Accidents on the Rise
• Elder abuse is on the rise in Pennsylvania and across the country
• I saw a car accident on my way home from work tonight
• Jury Awards Child $1.1 Million in a Harrisburg Brain Injury Medical Negligence Case
• Strokes and how iPads can help the victim through the process
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Websites are Marketing
• Follow advertising rules (7.2)
• Include appropriate information
– Geographic limitations
– Limitation on seeking clients
– Appropriate fee language
– Follow rules for all states in which licensed or seeking clients (8.5)
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Honesty: Content, Link and Name
• Don’t be misleading (7.1)
• Solo – No plurals (7.5)
– i.e. ElderLawAttorney.com Not ElderLawAttorneys.com
– One office? – Not offices of
• Practice areas
– Only list areas actually practice
19 31
Proper Use of Firm Name
• Virginia attorney called himself & Associates
– Had no associates
• Listed practice groups that did not exists
• Listed non-attorney as attorney
• Also engaged in other malfeasance which is what brought his advertising to light
• Suspended
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Watch for PA Rules
• Specialization – not an expert unless
– Patent
– Admiralty
– Other approved
• No testimonials from famous people
• Keep copies for 2 years
– Screen shots
– PDFs
21 33
Disclaimers
• Not legal advice (informational only)
• Does not form an attorney/client relationship
• Confidentiality concerns
22 34
Ethical Concerns for Blogs
• Some states consider blogs marketing
– Pennsylvania has not commented yet
– Assume it is marketing for your protection
• Include a proper disclaimer (as with website)
23 35
Attorney/Client Relationship (5.5)
• Be careful about answering questions in comments (or on other sites)
– Don’t want to inadvertently form attorney/client relationship
– Suggest people call you instead of answering online when appropriate
– Practice in state where not licensed
24 36
Examples of Blog Problems
• Virginia
– Asked attorney to put disclaimer on blog
– Attorney refused
– Disciplinary board found against him
– Case is on appeal
25 37
Recent Case
• Attorney in Chicago claims Illinois has a corrupt probate system – Posted on blog, naming individuals – "sleazy world of probate" – "garden variety theft, embezzlement, malpractice and
malfeasance by attorneys and the court.“
• Ethics commission is concerned – “Blog publicly accessible” – “False [or] shows disregard for the truth”
• Hearing Scheduled
26 38
Insulting the Judge
• In Florida: Attorney felt client was being denied right to a speedy trial
• wrote on his blog about Judge Cheryl Aleman – “Evil witch” – “Seemingly mentally ill” – “Clearly unfit for her positions and knows not what it
means to be a neutral arbiter”
• Florida Bar Concluded: Attorney guilty of – Making false and reckless statements regarding the
qualifications of a judge – Engaging in professional conduct that is prejudicial to the
administration of Justice
27 39
Sharing Confidential Information & Insulting the Judge
• Illinois Assistant Public Defender wrote on her blog – People and cases described were “thinly veiled”
– Called a judge “Judge Clueless”
– Described a conversation in which a client informed her she was on drugs
– Knew client had lied to the court
• Lost her job of 19 years
• Suspended in two states 28
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Hard to Find Positive Information Now
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Google+
• Integrated with Google search results
• Helps with location based searching
• Crucial for SEO
30 42
Google+
• Create personal profile
• Create business profile
• Claim Google Places
31 43
Personal Google+ Profile
32 44
Business Google+ Profile
33 45
Google Places
34 46
Keep Track of Your Image – Google Alert
35 47
Facebook & LinkedIn
• Use your Facebook and LinkedIn accounts as a way to network with
– Potential clients
– Other attorneys
– Potential Referral Resources
36 48
37 49
38 50
Facebook & LinkedIn
• Create a page for your firm • Becomes a mini-website on Facebook
• Useful tool on LinkedIn
– Connect employees to the pages
– Encourage followers on both
– Provide useful information
– Share Blog Posts
39 51
40 52
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Facebook
• Purchase ads on Facebook
– Target by demographics
• Age
• Gender
• Marital status
– Target by interests
• Pay per click
42
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Facebook Ads
• Connect
– Facebook page
– Website
43 55
Facebook Promoted Posts
• Write a post
• Promote it
– Costs varies from $5 and up
– Increases visibility of post, encourages likes and comments
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LinkedIn
• Purchase ads on LinkedIn
– Target by
• Job Title
• Industry
• Age
• Location
45 57
Concerns
• Should you friend clients on Facebook?
– Depends on how you use your account
– Very personal?
• No
– General?
• Maybe
• Let clients like your firm’s business page instead
46 58
Judges Should be Careful Who They Friend
• Florida: Not ok for Judges to friend attorneys
• Ohio: Ok for Judges to friend attorneys
• Be aware of your state’s rules
• Many Judges unwilling to friend attorneys who may ever appear before them
– Probably the wisest course of action
47 59
Judges on Facebook
• Judge friends with defendant, didn’t know
– Real life friend with father
– A lot of publicity
– Judge recused
• Judge friends with defendant, didn’t know
– Did not know in real life
– Refused to recuse
• Judges should be aware of who they friend
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Judges on LinkedIn
• Site is more professional, less personal in nature
• No sharing of personal information
• Ok to connect (in my opinion)
49 61
Twitter
• 140 character micro blogging
– A great way to let people get to know you as a person
– Share quick bits of information
– Re-share what other people post
– Link your Facebook, LinkedIn accounts and Blog to Twitter as a way to get more value for your effort
• Popular site among laypeople for finding attorneys
– 5 million visitors per month
– 95% of attorneys listed
– 150k attorneys have claimed profiles
• Controversial among attorneys
– Cannot unclaim your listing
– Not always clear how ratings are established
54 66
• Claim your listing IF
– No disciplinary action
– Robust profile
• You can increase your score by
– Completing your profile
– Getting attorney endorsements
• Increase findability
– Answer questions (ethically)
55 67
56 68
Gelocation
• Where are you?
• What are you doing?
• Not great for clients – Confidentiality issues
• Good for attorneys – Speaking on x at y
– Networking • At PBA event for Estate and Elder Law Attorneys
57 69
Examples
• Facebook
• GoWalla
• FourSquare
58 70
Connect Everything
• Provide links to all of your accounts and your Website everywhere you can
• This will provide the maximum opportunity for people to find and research you
59 71
Links
Blog Blog Website
Google+
Twitter
Facebook
60 72
Managing Time
• Tools such as HootSuite help
• Automatically connect sites when appropriate
– Connect Facebook to Twitter
– Be careful about the reverse
• Twitter has its own language and can be confusing
61 73
HootSuite at Work
62 74
How to Behave
Be Aware That Professional Versus Personal Conduct Doesn’t Matter on the Web
63 75
Prosecutor on a Personal Crusade Against a Student
• Wrote a blog to attack a student – “Welcome to ‘Chris Armstrong Watch’. This is a
site for concerned University of Michigan alumni, students, and others who oppose the recent election of Chris Armstrong — a RADICAL HOMOSEXUAL ACTIVIST, RACIST, ELITIST, & LIAR — as the new head of student government.”
• Claimed it was personal so irrelevant to his work
• Refused to step down
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Prosecutor Fired
• His attorney, said his client was merely expressing his free-speech rights
• In explaining the firing his ex-employer stated “[he] repeatedly violated office policies, engaged in borderline stalking behavior and inappropriately used state resources”
65 77
Tweeting “Jokes”
• Indiana AG Fired over Tweet
– “use live ammunition”
66 78
Remember No One Can See or Hear You
• No body language or vocal inflection
• Different senses of humor
• What is a joke to one person is an insult or a grievous threat to another.
67 79
Watch for the Streisand Effect
• Barbara Streisand sued to have an image of her house removed from the Internet
– Resulted in greater publicity and a lot of insults
• Lesson learned?
– Suing rarely works
68 80
If You (or a Client) Mess Up
• Apologize (sincerely)
• Lay low
– Don’t argue
– Don’t try to explain
69 81
General Business Concerns
• Encourage firm’s attorneys to use social media
• Encourage someone to keep track of all social media for the firm
• Have clear policies on social media use
70 82
Employees
• Make employees understand that they are not allowed to post on behalf of the firm unless it is part of their job
• Make it clear that if someone violates client confidentiality he will be punished (up to and including termination of employment)
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Prepare for Problems
• Have a plan for responding to problems
• Empower someone to respond in an emergency
– Waiting is not an option
– Know when not to respond (things are out of control and people are ganging up)
– Know when to respond
• Legal issues
• Harassment concerns
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Research
• Social Media contains a substantial amount of information
– Your Client
– Opposing Clients
– Jurors
– Witnesses
73 85
Ethics
• Cannot friend opposing client
• Cannot friend jurors – May look at what is freely available
• Can friend witness, must reveal who you are
• Watch privacy settings
• Watch federal law – Violation to break into or go beyond approved use
• Check state laws
• Cannot have third party do what you cannot do
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Final Thoughts
• Don’t be afraid of social media
– It can be a powerful marketing tool
– It can be a powerful research tool
– Simply be sure to remember that many people will see what you post