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Introduction to Legal Ethics
and Social Media
Jessica Stokes – Insurance Solicitor
Perth 2014
Twitter @jessicapstokes
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BUT WHAT DOES THIS
MEAN FOR YOU?
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The Transformation of Daily Life
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18-35s are living the most extreme
version of life on demand
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The transformation of daily life- We
are living on demand
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Enriching the way we connect
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Social media Report Card: How
connected are Australians?
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A new era in life management and
social media
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ETHICAL USE OF SOCIAL MEDIA
"To guard against potential ethical violations, lawyers
should use common sense, not say or do anything online
that they would not do in front of a crowd, and review the
existing ethics rules for guidance."
-Robert B. Teuber, Tax Attorney, Milwaukee, USA.
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But what are the benefits to lawyers
of using social media?
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potent marketing tool
little or no cost
educate
promote themselves
to clients
improve the profession’s reputation
Valuable evidence
A BRIEF BACKGROUND ON PROFESSIONAL
CONDUCT RULES FOR LAWYERS
The Rules deal with a range of broad professional topics
including:
Fundamental duties (Part 2);
Relations with clients and confidentiality (Part 3);
Conflicts of interest (Part 4);
General conduct of parties (Part 5);
Advocacy rules (Part 6).
A breach of the Rules could result in a finding that a legal
practitioner has engaged in either:
Unsatisfactory professional conduct (section 402); or
Professional misconduct (section 403).
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The Dangers to lawyers of using
Social Media
Mistakes may be viewed by many people and
may permanently stay on social media
A lawyer may make a post that breaches the
Professional Rules
Users cannot control the actions of other
social media users
Users may have a lack of understanding
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Exposure to risk
Other issues of risk can also arise, as Kenny and Gordon
state:
"The use of social networking sites involves a fundamental change in the
way legal practitioners communicate with their clients and consequently
poses a greater risk of miscommunication. Although these approaches may
involve more timely and better direct communication between client and
practitioner, the nature of that communication also has the potential to create
confusion, misunderstanding and unrealistic expectations, particularly where
the service delivery crosses national and language barriers."
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THE ACTIONS THAT LEGAL REGULATORS IN
AUSTRALIA, CANADA, THE UNITED KINGDOM
AND THE UNITED STATES HAVE TAKEN TO
DATE
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EXAMINING SPECIFIC ETHICAL SITUATIONS
THAT LAWYERS CAN EXPERIENCE WHILST
USING SOCIAL MEDIA
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Inadvertent retainer
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Lawyers’ duty to the court
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Lawyers duty of Confidentiality
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Quotes to Inspire Your Social Media
Strategy
“Social media is not a marketing medium.
It is a social medium. Posting something
like “Considering a divorce? Call us — we
can help!” is so ridiculous. For one thing,
nobody comes to Twitter or Facebook to
read stuff like that. Online, nobody has to
listen to anyone they don’t want to. If you
want people to listen, you have to be
interesting. People don’t have Facebook
accounts just so you can show up and
brag about yourself any more than they go
to an ice cream social with their family
hoping that you will come up and talk
about your business, and leave a card.”
(Source: Lawyerist.com)
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OTHER ETHICAL CONSIDERATIONS
Breach of "no contact" rule
Defamation
Advising clients about social media risks
Employees' use of social media
Risk to reputation
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QUESTIONS TO ASK BEFORE
POSTING…
1. DOES THIS NEED TO BE SAID?
2. DOES THIS ADD VALUE?
3. WOULD I SAY THIS FACE-TO-FACE?
4. WHAT'S MY MOTIVATION FOR SAYING IT?
5. COULD SAYING THIS HAVE ANY CONSEQUENCES?
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DO YOU THINK THAT UNIFORM NATIONAL
ETHICAL GUIDELINES ARE NECESSARY?
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Conclusion
Rubel states:
“[T]he ethics of lawyer participation in social media outlets is
and will remain a hot topic. As social networking continues to
evolve, so too will ethical considerations unique to attorneys.”
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FINAL TIPS
Tip #1: Obey the Golden Rule and think before you post
Tip #2: Post consistently
Tip #3: Engage with your followers
Tip #4: Talk about legal issues
Tip #5: Use your market's preferred medium
Tip #6: Be careful in disclosing information
Tip #7: Remember that your employment contract – not free
speech – takes priority
Tip #8: Don't be misleading and deceptive
Tip #9: Monitor your social media pages and act quickly
Tip #10: Intellectual property laws apply on social media
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Monkey Selfie!!
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