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 video webinar with Q&A
This CLE course 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.
Outline
- 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 state legal ethics rules and court opinions
- Best practices for minimizing legal ethics pitfalls when marketing legal services and conclusion/questions
Benefits
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 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?
Faculty
Amber Bevacqua-Lynott
Senior Counsel
Buchalter
Ms. Bevacqua-Lynott is Senior Counsel in the Firm’s Portland and San Diego offices, and a member of the... | Read More
Ms. Bevacqua-Lynott is Senior Counsel in the Firm’s Portland and San Diego offices, and a member of the Firm’s Professional Responsibility and Litigation Practice Groups. She provides guidance and legal representation to attorneys, licensed professionals, and other business clients, including firms and in-house legal departments. Her practice centers on legal ethics, risk management, and discipline defense. Ms. Bevacqua-Lynott acts as outside counsel to clients in a variety of industries, providing advice and counsel on all manner of ethics issues, including conflicts, confidentiality, malpractice, risk management, and fee issues.
Close
David J. Elkanich
Shareholder
Buchalter
Mr. Elkanich practices in the area of litigation with a focus on attorney disciplinary and legal ethics matters. He... | Read More
Mr. Elkanich practices in the area of litigation with a focus on attorney disciplinary and legal ethics matters. He advises lawyers, law firms and corporate legal departments in legal ethics, risk management and professional responsibility matters. Mr. Elkanich also handles professional liability, commercial litigation, consumer litigation and appellate matters.
Close