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![For Example: Pennsylvania
• Competence includes:
“Keep[ing] abreast of changes in the law and its
practice, including the benefits and risks
associated with relevant technology”
10](https://image.slidesharecdn.com/qttjagdrdih88u14mfnv-140623174204-phpapp02/75/Social-Media-Marketing-and-Ethics-for-Lawyers-in-2014-10-2048.jpg)
![Attorney in Trouble
• “This is simply false. The person did not reveal all the
facts of his situation up front in our first and second
meeting. [sic] When I received his personnel file, I
discussed the contents of it with him and informed him
that he would likely lose unless the employer chose not
to contest the unemployment (employers sometimes
do is [sic]). Despite knowing that he would likely lose,
he chose to go forward with a hearing to try to obtain
benefits. I dislike it very much when my clients lose but
I cannot invent positive facts for clients when they are
not there. I feel badly for him but his own actions in
beating up a female coworker are what caused the
consequences he is now so upset about.”
95](https://image.slidesharecdn.com/qttjagdrdih88u14mfnv-140623174204-phpapp02/75/Social-Media-Marketing-and-Ethics-for-Lawyers-in-2014-95-2048.jpg)
![Prosecutor Fired
• His attorney, said his client
was merely expressing his
free-speech rights
• In explaining the firing his
ex-employer stated “[he]
repeatedly violated office
policies, engaged in
borderline stalking behavior
and inappropriately used
state resources”
103](https://image.slidesharecdn.com/qttjagdrdih88u14mfnv-140623174204-phpapp02/75/Social-Media-Marketing-and-Ethics-for-Lawyers-in-2014-103-2048.jpg)
Uploaded byJennifer Ellis, JD, LLC
Social Media Marketing and Ethics for Lawyers in 2014
This document provides guidance on using social media for legal marketing in an ethical manner. It discusses various social media platforms like Facebook, Twitter, LinkedIn, blogs, and YouTube and how to use them effectively for legal marketing. It also analyzes potential ethics issues with social media use and provides best practices to ensure communications comply with advertising and solicitation rules. Key recommendations include following all ethics rules, including necessary disclaimers, and using social media primarily for educational and networking purposes rather than direct solicitation.
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Similar to Social Media Marketing and Ethics for Lawyers in 2014
Social Media Marketing and Ethics for Lawyers in 2014
- 1. Ethics for Lawyers: UsingFacebook, Twitter & LinkedIn for Legal Marketing National Constitution Center June 24, 2014 Jennifer Ellis, Esq. Lowenthal & Abrams, PC & Jennifer Ellis, JD [email protected] www.jlellis.net @jle_jd 1
- 2. Jennifer Ellis • Attorney,Lowenthal & Abrams – Legal Malpractice & Ethics • Law practice management consultant, Jennifer Ellis, JD – Online presence/marketing & technology • Author Creating Websites: Using WordPress in One Hour for Lawyers • Nationally known speaker and author – Ethics – Social Media – Technology – Law Practice Management 2
- 3. These are theRules of Jennifer 1. Rules that apply off-line apply on-line 2. Amount of possible trouble is expanded by the number of people who can see what you wrote 3
- 4. What is theDifference between a Cocktail Party and the Web? 4
- 5. 1.23 billion 1 billion people 4billion views/day 300 million 150 million 16 billion photos 70 million 243 million 152 million 277 million 45 million 1.3 million businesses
- 6. Reputation • Our reputationsare all we have • “Maintain the Integrity of the Profession” (8.x) • Viral can be positive or negative 6
- 7. The Web is: •Networking tool • Advertising medium • Your reputation 7
- 8. Potential Clients Must •Find you • See your expertise • Feel comfortable with you 8
- 9. Break for Ethics •ABA Ethics 20/20 – Effort to adjust ethical rules for impact of Technology, including: • Web • Social Media • Competence includes use of technology • Most states have adopted 9
- 10. For Example: Pennsylvania •Competence includes: “Keep[ing] abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology” 10
- 11. No Need toPanic about Technology Be aware of technology you should be using Understand and mitigate risks of technology you are using Take reasonable precautions to protect data 11
- 12. Back to Marketing– Ask Yourself • Who hires you? • How will they find you? • Where are they looking? • What are they seeking? • Why do they need you? 12
- 13. Be Easy toFind • Website • Blog • Google+ • Facebook • LinkedIn • Twitter • Numerous other sites 13
- 14.
- 15. Blogs & Websites 1.Website – Center of online presence 1. Blog 1. Valuable SEO 2. Constantly changing content 2. SEO – Search Engine Optimization 1. Google 2. Bing 3. Yahoo 15
- 16. Blog • 1 in4 people read blogs – 152 million blogs • Law firms increasing use of blogs • Best way to show your – Voice – Knowledge • Place for detailed content – You have control 16
- 17. Content • What questionsdo people ask at the first interview? – Answer • What is current in the news related to your practice? – Explain • Relevant cases or laws? – Discuss • What interests you as a person? – Share 17
- 18. • Lawyers Don’tNeed Websites? • Malware Prevention on WordPress Websites and Blogs • Resolve to Backup your Data • Ever thought about building your own computer? • Facebook jumps on the social search bandwagon • Pinterest creates business pages • Twitter sinks a personal injury case 18
- 19. • Why won’ta lawyer take my Philadelphia medical malpractice case? • Pennsylvania Fatal Truck Accidents on the Rise • Elder abuse is on the rise in Pennsylvania and across the country • Jury Awards Child $1.1 Million in a Harrisburg Brain Injury Medical Negligence Case • Strokes and how iPads can help the victim through the process 19
- 20. Break for Ethics •Is Social Media Marketing? – What is marketing? “The action or business of promoting and selling products or services, including market research and advertising.” 20
- 21. What Is theIntent? • Directly seeking clients? – Marketing • Providing broad educational information? – Not marketing • My advice? – Assume everything is marketing 21
- 22. Advertising Rules • Followadvertising rules (7.2) • Follow rules for all states in which licensed or seeking clients (8.5) 22
- 23. Honesty is Crucial Rule7.1 Communications Concerning A Lawyer's Services “A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.” 23
- 24. What is Misleading? •One office? – Not offices of • One attorney? – Not Smith & Associates • Watch domain names – Attorney.com – Attorneys.com • Appropriate practice areas • Fee language 24
- 25. Ethics & MarketingProblems 25
- 26. Proper Use ofFirm Name • Virginia attorney called himself & Associates – Had no associates • Listed practice groups that did not exist • Listed non-attorney as attorney • Also engaged in other malfeasance which is what brought his advertising to light • Suspended 26
- 27. Is This Misleading? •Attorney right out of law school using pictures like this on his site • Content discusses his substantial experience in numerous areas of practice 27
- 28. Watch Your State’sRules • Specialization – not an expert unless – Patent – Admiralty – Other approved • Keep copies for 2 (or more) years – Screen shots – PDFs – Social Safe – Backupify 28
- 29. Disclaimers • Not legaladvice (informational only) • Does not form an attorney/client relationship • Confidentiality concerns • Geographic limitations • Other requirements from your jurisdiction(s) 29
- 30. Blog Disclaimers &Content • Hunter v. Virginia State Bar • Blog listed favorable results • Board found blog: – Constituted advertising – Made “false or misleading communication about the lawyer or the lawyer’s services” (Rule 7.1) – Failed to include a disclaimer (7.2) – Violated client confidentiality (1.6) 30
- 31. Hunter Appealed • Overturnedruling on 1.6, confirmed the rest. Required a disclaimer: – “Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.” 31
- 32. Hunter Appealed • Didnot violate 1.6 • Is commercial and not political speech – Intermediate scrutiny • Potentially misleading – Board can require a disclaimer 32
- 33. Hunter Appealed • USSupreme Court denied cert • Hunter planned to remove blog rather than use disclaimer – Note Virginia rules have changed since the ruling, but still require a disclaimer. 33
- 34. Google+ • Integrated withGoogle search results • Helps with location based searching • Crucial for SEO 34
- 35.
- 36. Google Author • ExtremelyImportant for SEO – Connects Google+ profile to content on blog – Requires appropriate code to form connection 36
- 37.
- 38.
- 39. Best Practices forGoogle+ • Use the appropriate keywords in your post – Use hashtags # as well • Seek to engage, but in a limited fashion – Google is not very successful as social media and it not worth too much time as compared to other sites for engagement • Include pictures • Link your YouTube account 39
- 40. Facebook & LinkedIn •Use your Facebook and LinkedIn accounts as a way to network with – Potential clients – Other attorneys • Facebook = Consumer • LinkedIn = Business 40
- 41.
- 42.
- 43. Ethical Concerns • Followall ethical rules • Put a disclaimer on your account • Follow terms of service 43
- 44. Skills & Endorsements • Peoplecan endorse you for any skill on LinkedIn • If you do not have the skill, remove it 44
- 45. Facebook & LinkedIn •Create a page for your firm • Becomes a mini-website on Facebook • Useful tool on LinkedIn – Ask employees to connect the pages – Encourage followers – Provide useful information – Share blog posts – Communicate and engage – Include disclaimers 45
- 46.
- 47. Use Apps toExtend Content 47
- 48. LinkedIn Page • Watchfor specialties – New York ethics opinion forbids use of this tab 48
- 49. Best Practices forFacebook: Account • Engage people on your personal account – Share only what makes you comfortable – If you are not comfortable, don’t use your personal account • I discuss: – My dog – My work – News – Other people’s posts – My blog posts – Random facts • I get clients from Facebook 49
- 50. Concerns • Should youfriend clients on Facebook? – Depends on how you use your account – Very personal? • No – General? • Maybe • If you are uncomfortable, tell people to like your business page instead 50
- 51. Best Practices: FacebookPage • Share interesting blog posts • Share interesting news • Encourage conversation • Don’t just use your page as a one way newsletter • Have a robust page • Offer contests and sweepstakes – Watch law and ethics in your state 51
- 52. Break for Ethics •What kind of posts are ok on Facebook? – Watch confidentiality – Beware of answering specific questions with detailed advice – Keep true to your personality • Don’t be afraid of controversy, but don’t seek it out for controversies sake 52
- 53. Specific Examples ofFacebook Posts State Bar of CA – Opinion 2012-186 • Social Media Postings Subject to Advertising Rules? • Assume all Postings Subject to Rules • Rule 1-400 (Advertising and Solicitation) • Article 9.5 (Legal Advertising) 53
- 54. The Rule • Communications –“any message or offer made by or on behalf of a member concerning the availability for professional employment of a member or a law firm directed to any former, present or prospective client.” 54
- 55. The Rule • Communicationor solicitation shall not: 1. Contain any untrue statement; or 2. Contain any matter, or present or arrange any matter in a manner or format which is false, deceptive or which trends to confuse, deceive, or mislead the public; or 3. Omit to state any fact necessary to make the statements made, in the light of circumstances under which they are made, nor misleading to the public or 4. Fail to indicate clearly, expressly, or by context, that it is a communication or solicitation as the case may be; or 5. Be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats or vexatious or harassing conduct 55
- 56. Example One • “Casefinally over. Unanimous verdict! Celebrating tonight” – Not a communication – Does not contain an offer concerning the availability for professional employment 56
- 57. Example Two • “Anothergreat victory in court today! My client is delighted. Who wants to be next?” – Is a communication • “Who wants to be next” is availability for employment – Violates rule • Does not contain a disclaimer • Does not state it is an advertisement • Offers guarantee or prediction of winning 57
- 58. Example Three • “Wonanother personal injury case. Call me for a free consultation.” – Communication • “Call me for a free consultation” suggests availability for employment • Free does not mitigate the problem 58
- 59. Example Four • “Justpublished an article on wage and hour breaks. Let me know if you would like a copy.” – Not communication – Information regarding an article 59
- 60. Best Practices forLinkedIn • Keep it professional – Avoid sharing personal information beyond work • Otherwise risk annoying people • Do not spam in boxes with ads for yourself • Be careful about disturbing people you do not know – Be very polite – Watch the first impression • Join relevant groups and be active to engage • Share blog posts • Share useful information • Network 60
- 61. Ads on Facebook •Purchase ads on Facebook – Target by demographics • Age • Gender • Marital status – Target by interests – Pre-existing email lists 61
- 62. Facebook Ads • Connect –Facebook page • Increase likes – Website • Increase traffic • Obtain leads 62
- 63. Boost Posts • Writea post • Promote it – Costs varies from $5 and up – Increases visibility of post, encourages likes and comments 63
- 64. LinkedIn Ads • Purchaseads on LinkedIn – Target by • Job Title • Industry • Age • Location 64
- 65. Ethics Concerns • Areads on social media ok? • No clear opinions yet, but pay-per-click on Google has been in use for years – Some stricter states which require detailed disclaimers in the ad might forbid use • Be sure to check your rules – Some states, probably acceptable to link to a location with the appropriate disclaimers 65
- 66. Twitter • 140 charactermicro blogging – A great way to let people get to know you as a person – Share quick bits of information – Re-share what other people post – Link your Facebook, LinkedIn accounts and Blog to Twitter as a way to get more value for your effort – Crucial to engage 66
- 67. • People respondingto • Favoriting • Following • Retweeting 67
- 68. Language of Twitter •Be careful sharing posts from Twitter to other sites – The language is different – #hashtags – RT = Retweet – @jle_jd is to my attention, references me – Abbreviated language to fit within 140 characters 68
- 69. Best Practices forTwitter • Share and share alike – Share other people’s content, they will share yours • Give credit where credit is due • Thank people for their interactions • Complete your thoughts – Watch for portions of your posts being cut off when you use tools to post • Use hashtags that make sense • Humor is fine 69
- 70. Ethics Concerns • Twitteris potentially unusable in several states – In Florida, each tweet must have: • Attorney name • Office location 70
- 71.
- 72. Break for Ethics:Solicitation • What is solicitation? (Rule 7.3) – A solicitation is a targeted communication initiated by the lawyer that is directed to a specific person and that offers to provide, or can reasonably be understood as offering to provide, legal services. In contrast, a lawyer’s communication typically does not constitute a solicitation if it is directed to the general public, such as through a billboard, an Internet banner advertisement, a website or a television commercial, or if it is in response to a request for information or is automatically generated in response to Internet searches. 72
- 73. Real Time Communication •Not allowed to use real time communication – Phone call – Instant chat • Ok – Email – Website – Banners – Social media posts – General chat rooms 73
- 74. Beware! • Facebook – Personnot online, private message • Like email – Person online, private message • Like chat (Immediate?) • Beware tagging someone in a post if she has had a recent tragedy – Might be considered targeted solicitation – Will be considered bad taste 74
- 75. People Like toWatch • 1 billion unique users each month • 4 billion videos viewed each day • Use video to help people see you – Allows people to connect – Provides a different form of content – Excellent SEO • Share by embedding 75
- 76.
- 77. Best Practices forYouTube • Use videos to: – Let people get to know you • Short bios • Other useful information about you – Educate people • Brief question and answer sessions on your practice area – Use keywords in description and title as well as designated area • Share videos throughout your network 77
- 78. Share Documents • Scribd •SlideShare • Increases reach of presentations • Embed on your network • Use proper keywords for SEO 78
- 79.
- 80.
- 81. • Popular siteamong laypeople for finding attorneys – 5 million visitors per month – 95% of attorneys listed – 150k attorneys have claimed profiles • Controversial among attorneys – Cannot unclaim your listing – Not always clear how ratings are established 81
- 82.
- 83. Best Practices forAvvo • Claim your listing if: – No disciplinary problems – Robust profile • Complete the listing – Profile affects score • Get endorsements – Endorsements affect score • Seek reviews – Reviews do not affect score • Answer questions – Increases findability • Follow terms of service • Include disclaimer 83
- 84. Attorney/Client Relationship (5.5) • Becareful about answering questions in comments (or on other sites) – Don’t want to inadvertently form attorney/client relationship – Practice in state where not licensed • Suggest people call you instead of answering online when appropriate 84
- 85. What is anAttorney/Client Relationship? • Formed when a client has reason to believe the attorney is handling his legal interests – Express or implied • Standard is objectively reasonable belief 85
- 86. Online Attorney/Client Relationship •No cases yet involving unintentional formation of attorney/client relationship through Avvo, comments on blogs or similar locations • Be careful about how specific you are when offering information • Be broad about the concept as opposed to offering detailed advice on what the person should do • Encourage person to contact a lawyer in his jurisdiction • Use a disclaimer 86
- 87. Unauthorized Practice Rule 5.5Unauthorized Practice Of Law; Multijurisdictional Practice Of Law • (a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so. • (b) A lawyer who is not admitted to practice in this jurisdiction shall not: • (1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or • (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction. 87
- 88. Other Question/Answer Sites •Beware sites that do not follow ethical rules – Fee splitting with non-lawyers (Rule 5.4) – Answering questions without • Detailed information – risk giving bad information • Conflict checking – risk representing the wrong side • Location information – unauthorized practice of law 88
- 89. Lead Generation SitesFine Rule 7.2 A lawyer may pay others for generating client leads, such as Internet-based client leads, as long as the lead generator does not recommend the lawyer, any payment to the lead generator is consistent with Rules 1.5(e) (division of fees) and 5.4 (professional independence of the lawyer), and the lead generator’s communications are consistent with Rule 7.1 (communications concerning a lawyer’s services). To comply with Rule 7.1, a lawyer must not pay a lead generator that states, implies, or creates a reasonable impression that it is recommending the lawyer, is making the referral without payment from the lawyer, or has analyzed a person’s legal problems when determining which lawyer should receive the referral. 89
- 90. Gelocation • Where areyou? • What are you doing? • Not great for clients – Confidentiality issues • Good for attorneys – Speaking on x at y – Networking • At PBA event for Estate and Elder Law Attorneys 90
- 91.
- 92. Reviews • Numerous opportunitiesfor reviews online – Google+ • Personal & Business – Facebook – Avvo – Put on your website 92
- 93. Specific Ethics Concerns •Do not give away anything in exchange for a review • Some states do not allow testimonials at all • Others have specific requirements – Example, PA may not have a celebrity endorse you • Probably ok to have a past client who happens to be a celebrity review you though 93
- 94. Ethics and Reviews •Responsible for the content – Cannot state “this attorney will win for you” or other promises – If you cannot edit content, respond to clarify • Bad review? – Best to respond politely – Do not share confidential information to defend yourself 94
- 95. Attorney in Trouble •“This is simply false. The person did not reveal all the facts of his situation up front in our first and second meeting. [sic] When I received his personnel file, I discussed the contents of it with him and informed him that he would likely lose unless the employer chose not to contest the unemployment (employers sometimes do is [sic]). Despite knowing that he would likely lose, he chose to go forward with a hearing to try to obtain benefits. I dislike it very much when my clients lose but I cannot invent positive facts for clients when they are not there. I feel badly for him but his own actions in beating up a female coworker are what caused the consequences he is now so upset about.” 95
- 96. Suing Over BadReviews • Watch for the Streisand Effect • Barbara Streisand sued to have an image of her house removed from the Internet – Resulted in greater publicity and a lot of insults • Lesson learned? – Suing rarely works 96
- 97. Connect Everything • Providelinks to all of your accounts and your Website everywhere you can • This will provide the maximum opportunity for people to find and research you 97
- 98.
- 99. Managing Time • Toolssuch as HootSuite help • Automatically connect sites when appropriate 99
- 100.
- 101. How to Behave BeAware That Professional Versus Personal Conduct Doesn’t Matter on the Web 101
- 102. Prosecutor on aPersonal Crusade Against a Student • Wrote a blog to attack a student – “Welcome to ‘Chris Armstrong Watch’. This is a site for concerned University of Michigan alumni, students, and others who oppose the recent election of Chris Armstrong — a RADICAL HOMOSEXUAL ACTIVIST, RACIST, ELITIST, & LIAR — as the new head of student government.” • Claimed it was personal so irrelevant to his work • Refused to step down 102
- 103. Prosecutor Fired • Hisattorney, said his client was merely expressing his free-speech rights • In explaining the firing his ex-employer stated “[he] repeatedly violated office policies, engaged in borderline stalking behavior and inappropriately used state resources” 103
- 104. Tweeting “Jokes” • IndianaAG Fired over Tweet – “use live ammunition” 104
- 105. Remember No OneCan See or Hear You • No body language or vocal inflection • Different senses of humor • What is a joke to one person is an insult or a grievous threat to another. 105
- 106. General Business Concerns •Encourage firm’s attorneys to use social media • Encourage someone to keep track of all social media for the firm • Have clear policies on social media use 106
- 107. Employees • Make employeesunderstand that they are not allowed to post on behalf of the firm unless it is part of their job • Make it clear that if someone violates client confidentiality he will be punished (up to and including termination of employment) • Lawyers are responsible for their employees’ actions (Rule 5.3) 107
- 108. Prepare for Problems •Have a plan for responding to problems • Empower someone to respond in an emergency – Waiting is not an option – Know when not to respond (things are out of control and people are ganging up) – Know when to respond • Legal issues • Harassment concerns 108
- 109. Final Thoughts • Don’tbe afraid of social media – It is a powerful marketing tool – It is a powerful networking tool – Simply be sure to remember that many people will see what you post – Obey the ethical rules – Obey advertising laws 109
- 110. Thank You Jennifer Ellis Lowenthal& Abrams, PC & Jennifer Ellis, JD [email protected] www.jlellis.net @jle_jd 110