Social Media: “Circumspect” Is the Operative Word

Published December 23, 2014

You are not safe from the prying eyes of . . . anyone. Everywhere, eyes are upon you – or your social media, to be exact.

As an employee, your employers are undoubtedly checking what you’ve posted on social media and making judgments about you – judgments that may lead to unemployment. Even as a solo lawyer or partner – that is, situations in which you are the boss – eyes are upon you. In particular, the eyes of bar associations are upon you.

Disclaimers are one area in which bar associations have implemented regulations. For example, the Virginia State Bar in 2011 charged a lawyer with professional misconduct for talking about his own completed cases on his blog without adding an advertising disclaimer that results depend upon factors unique to each case and that results in one case do not predict similar results in others.

Furthermore, avoid giving commentary on cases on social media. An online criticism of an expert witness or an adversary in a current case could become an ex parte communication if the judge hearing the case reads your criticism.

In addition, bar associations are looking more closely at character as evidenced on social media sites. Several years ago, the Florida Board of Bar Examiners’ Character and Fitness Commission recommended that the board consider expanding its review of personal websites during background investigations as necessary and decided to adopt a policy allowing a case-by-case investigation of social networking websites. Applicants’ Facebook pages and similar social media sites could be reviewed in cases where there is previous evidence of substance abuse, where flippant reference is made to alcohol or drug consumption, or where candor is in question.

These situations are a far cry from major ethics concerns like dipping into client trust accounts. However, in today’s society, no one (including lawyers) is exempt from scrutiny and questioning about personal conduct as revealed on social media.

Categorized in: Coaching, Ethics, Marketing and Business Development

Audience type: Administrators, Associates, Large Law Firms, Small Law Firms, Sole Practitioners