By Kimberly A. Bielan
The use of
social media is gaining traction in the legal profession, with attorneys frequently
posting blogs, writing articles, and sharing articles of interest. As Co-Chair of REBA’s Strategic
Communications Committee, the evolving use of social media presents great
opportunity, presenting the ability to connect REBA members with access to blog
posts, event updates, access to seminars, and the chance to more actively
participate in the Association. Put
simply, social media presents a mechanism by which you can not only market
yourself to prospective clients, but also engage with your colleagues in the
legal profession.
At the 2016 REBA Spring Conference,
I had the opportunity to speak on a panel entitled “Joining the Social Media
Revolution … One Step at a Time” with Julie Barry, Co-Chair of REBA’s Strategic
Communications Committee, and Justin Tucker.
The panel was an opportunity to introduce REBA members to the variety of
social media platforms, answer questions, and discuss ethical issues that may arise
when using social media. As part of the
Strategic Communications Committee’s effort to encourage active social media
engagement between REBA and its members, this article is the first in a series
on the topic, which seeks to encourage you to dip your toe into the proverbial
social media pool.
Part of attorneys’ hesitancy to use
social media is often a question of the ethics surrounding the new medium. To be sure, social media may present traps
for the unwary, but all one need keep in mind is that the applicability of the
Massachusetts Rules of Professional Conduct (S.J.C. Rule 3:07) to online
conduct is no different than it would be to actions undertaken off-line. Stated succinctly, if you would not undertake
certain conduct in person, then do not undertake that conduct on social
media. Keeping this simple statement in
mind should guide your online interactions and (hopefully) take some of the
intimidation out of engaging on a new form of medium.
Here is a list of other things to
remember when interacting on social media:
1. Social Media Profiles and Posts May Constitute Legal Advertising
2. Avoid Making False or Misleading Statements
3. Avoid Making Prohibited Solicitations
4. Do Not Disclose Privileged or Confidential Information
5. Do Not Assume You Can “Friend” Judges (In fact, according to Massachusetts Committee on Judicial Ethics Opinion No. 2011-6, judges are prohibited from “friending” any attorney who may appear before them!)
6. Avoid Communications with Represented Parties
7. Be Cautious When Communicating with Unrepresented Parties
8. Beware of Inadvertently Creating Attorney-Client Relationships
9. Beware of Potential Unauthorized Practice Violations
10. Read Cautiously with Testimonials, Endorsements, and Ratings
For more on
each of these topics, including specific examples and recommendations on how to
deal with each situation, please consult your 2016 REBA Spring Conference
materials.
The Strategic Communications
Committee looks forward to interacting with all of REBA’s members and
encourages all members to access its blog at rebama.blogspot.com, which is
updated often with new content, to engage with REBA on Facebook, and to follow
REBA on LinkedIn, where links to articles and events are frequently posted.
Kimberly
Bielan co-chairs REBA’s strategic communications committee and is a leader in
the association’ strategic long-term planning, particularly with the new
lawyers committee. She practices in the
litigation department of Marcus Errico Emmer & Brooks, P.C. Kimberly can be contacted by email at kbielan@meeb.com
