Social Media: A “Friend” or Foe to Your Practice by Mandy Thomas With the prevalence of social media sites like Twitter, Facebook, Flickr, Myspace, Blogspot, and LinkedIn, a new attorney must transition from using those sites as a student to using them as a professional. There has been much debate in the legal community concerning whether social media sites are a help or a hindrance to one’s practice. This article attempts to detail some of the ways such media networks can enhance your practice and the potential pitfalls a newly annointed attorney may encounter through their use. In addition to these practical concerns, an attorney who chooses to use social media should also be aware that the American Bar Association necessarily requires under its Model Rule of Professional Conduct Rule 1.1 that a competent attorney is informed on the risks of social media. Due to the economic downturn, many young attorneys had no choice but to hang out a shingle. Operating on a shoestring, paid advertisement is often not an option for many solo practicioners. However, with the advent of Facebook and LinkedIn, solo practitioners and small firms can benefit greatly from the free advertising and informational sources these media websites can offer through pages dedicated strictly your practice. According to Legal Intelligencer Blog, there are three generally important beneficial aspects of social media to any law practice: First, creating a page solely dedicated to your practice allows a solo or small firm to establish a “brand.” An attorney or small firm can then target its market clientele and structure its posts as informative and constructive to a particular specialty or even just general practice. The page can also announce any events being held for the local legal community or those held specifically for clients. However, new solo practitioners should be very careful to fully understand the limitations that ethical rules place on
attorney advertising and what may or may not be on your page. For more information regarding attorney advertising and the Internet, please refer to Judith Kilpatrick’s article, Arkansas’ Amended Advertising Rules, Solicitation, and the Internet (2000 Arkansas Law Notes 39 (2000)). The American Bar Association also has a plethora of general information articles concerning technology, attorney marketing, and ethics on their website. Second, social media provides a conduit to showcase your practice to clients, potential employers, and fellow attorneys as a platform for efficient networking. Clients can assess your credentials through your business Facebook page, potential employers may see references and recommendations by clients on LinkedIn, and fellow attorneys, particularly solo practitioners, may use it to contact fellow attorneys to cover a conflicting hearing, for example. Obviously, any confidential information should be discussed in an appropriate manner away from the webpage. Third, social media potentially holds the attorney to a higher degree of professionalism with practice and personal information available at a potential or current client’s keystroke. Advising family, friends, and significant others of proper posting on your pages, keeps your personal life and your professional life in their respective proper places, at least out of the curiosity of your clients.
Over the past ten years, “social media” has made it socially acceptable to overshare the mundane details of everyday life. Because of the lack of generally expected privacy, these websites can be a treasure trove of information on your clients, opposing parties, and even opposing counsel. One of my colleagues, for example, regularly uses Facebook for investigation purposes on family law cases. A quick name search on Facebook may return a detailed profile complete with picture of the opposing or offending party. Depending on a particular person’s privacy settings, there may be carte blanche access to pictures, wall posts, and personal information on any number of related matters. Maybe a potential defendant is actively avoiding service? Facebook and Myspace often show a person’s current city, regardless of privacy settings. Pictures may also give background into a persons assets and general level of finances. Romantic involvement and the social activities of the parent petitioning for full custody may also be evident, which may make or break a divorce case. While oversharing bodes well for investigative purposes, it can wreak havoc on a practice if a client posts confidential information about their case. Although social media is far from novel, posts on such web-
Mandy Thomas is an Associate Attorney at Pryor, Robertson, Beasley & Smith in Fort Smith, Arkansas. She practices bankruptcy, collections, estate planning, and general civil litigation. For questions or comments, please email athomas@prbslaw.com.
Vol. 13 No. 2/Spring 2009 YLS In brief
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