The Responsible & Ethical Use of Social Media in Your Practice

Jay Ruane

Colorado Criminal Defense Lawyers April 2014

[understand]

[identify]

[implement]

[conversation]

[privilege]

!

[who?]

[confidentiality]

!

Client-Lawyer RelationshipRule 1.6 Confidentiality Of Information!(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).!!

[ABA Model Rule]

!

[confidentiality]

!

[start every post with this in mind]

[timely]

[honest]

[transparent]

[facebook]

1. add the “Recommend” button

2. facebook insights for your own website

3. permit facebook comments (blogs)

4. facepile

5. Custom Audiences!

!!

[facepile in action]

[facebook don’ts]

WHAT NOT TO DO WITH TWITTER photo courtesy of Former Congressman Anthony Weiner

1. Employees can announce where they are

2. Firms can disclose emergency info

3. Reward followers with specialized information - roadblocks

4. Create #hashtags to encourage dialogue - #JayIsCool

5. Add the “instant follow” button to your website

[twitter]

[things you can do]I understand that in the course of my representation, and after my representation has concluded, Ruane Attorneys may share with other attorneys legal briefs and memoranda, transcripts, and other scholarly legal research and writing from my case in matters unrelated to my representation. I consent to Ruane Attorneys sharing the above with other counsel.

[implementing a social media policy] 1. Just like taking personal phone calls at work, using

social media should be not be excessive and interfere with your work.

2. When posting, always remember your comments are public, for everyone to see, for all time.

3. Treat online comments just like you would treat conversations at a party. Don’t reveal confidential information, information in which we have attorney/client privilege, and information which we use to make our business run smarter, faster and better.

4. Respect others’ privacy & copyrights.

5. Be polite always – your voice may the only voice of the office a person can recognize.

6. Treat your coworkers with respect online and in the real world.

7. When you post something publicly, make it clear that the views are your own, and not associated with the firm.

8. Using the firm logo could imply you speak with the blessing of the firm. You don’t. On social media networks, you only represent yourself. You need firm approval to blog, tweet, comment or post items on behalf of the firm.

9. If something goes wrong, notify your supervisor as soon as you discover the problem, so it can be addressed timely.

10.Employees shall not accept friend requests from active clients. We are friendly with our clients, but becoming friends online can interfere with our ability to give them unbiased legal advice. This doesn’t apply to existing friends who choose to use our services, but you will not be permitted to work on their file. This protects your existing friendship and is in the best interest of the client.

[honest]

[timely]

[transparent]