Ethical Risks of Attorney Social Media Activity: Navigating the Dangers of LinkedIn, Twitter, Facebook, Blogs
Avoiding Inadvertent Attorney Advertising and Client Relationships, Disclosure of Privileged Information, and Damage to Reputation
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will explore the ethical issues that arise when attorneys use social networking sites and blogs. The panel will discuss the risks associated with LinkedIn, Twitter, Facebook, and other popular sites, and outline the evolving ethical rules related to lawyers and online activity. The panel will offer guidance for counsel to stay within legal ethics boundaries when networking and promoting their legal services.
- Legal ethics risks of attorney online activity on LinkedIn, Facebook, Twitter, blogs, review sites
- Introduction and confidentiality (including Cloud)
- Attorney advertising
- Client solicitation
- The unauthorized communication and practice of law
- Positional conflict
- Evidence preservation and spoliation
- Recent developments in social media and in state legal ethics rules and court opinions
- Best practices for minimizing legal ethics pitfalls when marketing legal services and conclusion/questions
The panel will review these and other key issues:
- Are there legal ethics problems in counsel directing clients to "clean up" their social media history? Can the attorney do it for them under the legal ethics standards?
- What types of online communications might unintentionally establish an attorney-client relationship?
- Does a request to "friend" on Facebook or "connect" on LinkedIn constitute a communication from a lawyer?
- Is an attorney who touts professional accomplishments on LinkedIn engaging in attorney advertising in violation of legal ethics rules?
- Can an attorney respond to negative reviews on Yelp and other review sites without stepping outside the boundaries of legal ethics?
Robert D. Brownstone
Technology & eDiscovery Counsel
Fenwick & West
Mr. Brownstone advises clients on information-security, data-privacy, electronic discovery, electronic information... | Read More
Mr. Brownstone advises clients on information-security, data-privacy, electronic discovery, electronic information management, retention/destruction policies, workplace technology-use policies and social-media rewards and risks. A nationwide advisor, speaker, writer and adjunct law professor on many law-and-technology issues, he is frequently quoted in the press as a resource on electronic information.Close
Charles E. Harris, II
Mr. Harris focuses his practice on a range of matters of paramount importance to the business community, including... | Read More
Mr. Harris focuses his practice on a range of matters of paramount importance to the business community, including class actions, arbitration agreements, contract and real estate disputes, administrative actions, and privacy and cybersecurity. He has also handled many First Amendment cases alleging defamation and other privacy torts. In addition, as a registered patent attorney, Mr. Harris has litigated patent, copyright, trademark and trade secrets disputes. He also represents clients on appeal in both federal and state courts.Close