Member Article

In an article published in the 09 August 2012 issue of Law Technology News, lawyer and media consultant Robert J. Ambrogi of Massachusetts gave some tips to keep social networking in line with ethics. 

First, remember that the same rules apply. Blogs, social networks, Twitter, and the like remain relatively new forms of media, but the same old ethical rules apply.

Second, do not betray client confidences. Ambrogi cites the case of a former Illinois assistant public defender whose law license was suspended for 60 days because of her blog postings that authorities said exposed client confidences. The public defender believed and maintained that she was blogging about her clients anonymously. Bar authorities, however, concluded that she provided sufficient detail in some posts to allow specific clients to be identified. Advice: Do not blog about your own clients or cases, except as to details that have unequivocally become public, such as when a case of yours is reported in an appellate opinion.

Third, avoid inadvertently forming attorney-client relationships. Many lawyers do not answer questions in Q&A forums for fear of forming an attorney-client relationship. This danger exists only when the lawyer gives the prospective client a “reasonable expectation” that he or she is willing to form an attorney-client relationship. A lawyer can participate in these Q&A forums but also disavow any “reasonable expectation” by expressly using cautionary language and disclaimers in an answer. Keep your answers generic, avoid addressing highly specific facts, and expressly state that your answer should not be considered legal advice.

Fourth, do not solicit. Ethical rules prohibit lawyers from soliciting potential clients for pecuniary gain. Fear of solicitation keeps lawyers off of Twitter, Facebook and other social networks. Such fear...

Read the rest of the article by downloading the Employment & Immigration Update 2012 3Q from the SyCipLaw website.