Social Media Lessons

Category: Social Media Lessons

October 8, 2014 • Ethics, Professional Liability Matters, Social Media Lessons, Technology

New Ethics Opinion on Safe Social Media Management

Professional Liability Matters is pleased to present a multi-part blog series exploring a new opinion on the ethics of social media management. As sites like Twitter, Instagram, and Facebook continue to skyrocket in popularity, the use (and abuse) of social media in the business world remains a hot topic in the professional liability realm. Without fail, most networking events, seminars, and CLE presentations include a social media component and for good reason. Social media can be a great tool for all professionals, but can also be a source of risk and unexpected pitfalls. The law continues to adjust to emerging and dynamic technology; as a result, attorneys are sometimes left wondering how to best harness this technology to serve clients, and generate business while still staying in compliance with ethical rules. The Pennsylvania Bar Association recently issued an opinion that may help.

October 2, 2014 • Advertising, Ethics, Professional Liability Matters, Social Media Lessons

The Ethics Bog of Professional Blogs

We love blogging! Blogs have become an increasingly important part of professional practice. Writing blog posts allows professionals to increase their social media presence and keep clients informed about recent developments in their respective industries. At the same time, blogs are an invaluable marketing tool that allows professionals to connect with potential clients and develop new business relationships in a less formal, and more interactive, medium than traditional print publications. But, bloggers beware. While this new form of interaction can be highly beneficial, professionals should be mindful of the possibility that their blog content may conflict with traditional ethics principles or otherwise alienate clients through unwanted attention.

August 19, 2014 • Professional Liability Matters, Social Media Lessons, Technology

Don’t Tweet During a Depo

Today, everyone is a potential news source. Through a handheld device we can instantaneously upload photographs or content via social media to be delivered to an anonymous (and often eager) audience. In a sense, the world is shrinking due to instant access and connectivity. This technology has impacted the way we prosecute and defend cases. It plays into our strategy. Some attorneys use technology in an attempt to strengthen their case. But there are risks and limits. Take for example the Texas attorney who used Twitter to gain an arguably improper advantage.

July 30, 2014 • Ethics, Professional Liability Matters, Social Media Lessons

Monitoring a Client’s Social Media Content

Proceed with caution! The intersection between social media and attorney ethics is fraught with peril. In fact, all professionals should be on high alert when interacting with clients or would-be clients on social media sites. You all know this and you’ve heard it before from your friends at PL Matters and others. Still, there is no shortage of social media blunders impacting the PL community. The Philadelphia Bar Association Professional Guidance Committee recently released an ethics opinion addressing four common questions facing lawyers whose clients use social media websites. These pointers are helpful to all.

July 23, 2014 • Employment Practices Liability, Professional Liability Matters, Social Media Lessons, Technology

Employer Liability for Employee’s Online Activity

Many employers have made great strides in adapting to the risks posed by online activity. Some maintain employee handbooks with social media and computer use policies. Others provide training and many monitor employee use of employer-provided devices. But risks still remain. Take, for example, the recent Indiana appellate decision regarding potential employer liability for an employee’s online conduct.

July 9, 2014 • Professional Liability Matters, Social Media Lessons, Technology

Don’t Steal Your Competitor’s Website Content

Search engine optimization provides a marketing edge. Would-be clients may be more apt to contact those professionals at the top of the online list. So, some professionals spend considerable resources to maintain a priority position in search results. There are marketing tricks to achieve priority status, and tools to employ. But, professionals must not go too far. Take for example the New Jersey attorneys who allegedly stole a competitor’s website content to generate more hits on their website.

May 22, 2014 • Ethics, Professional Liability Matters, Social Media Lessons, Technology

When Ethics and Online Reviews Collide

Before making dinner reservations, hiring a dog-walker, going to the movies or finding a plumber many consumers utilize online review websites to help make an informed decision. Sites like Angie’s List, Yelp, Consumer Reports and even Facebook provide the opportunity for an online community to publish a review for all to see. Professionals fall into the class of other service-providers who may be reviewed online. These reviews may serve as a nice source of referral business; they can also tarnish a professional’s reputation instantaneously. In the case of the latter, one attorney recently took an offensive approach by responding to an online review written by a former client. The result was undoubtedly not what the attorney intended.

April 30, 2014 • Professional Liability Matters, Social Media Lessons, Technology

Social Media Use Before and During Trial

Often, the fate of your client is in the hands of a group of strangers. These strangers, aka jurors, will determine whether your client is guilty or innocent, liable or not. Sure, jurors’ decisions are based on their evaluation of the evidence, credibility, and the law but verdicts are also reached due to juror bias, personal experience, or tendencies. Thus, the process of selecting a jury is critical and attorneys utilize various methods and strategies in picking only those strangers more likely to decide in their client’s favor. Given that a large population of the juror pool utilizes social-media, it may be tempting for attorneys to tap into this wealth of information during voir dire and throughout the trial. Before checking out a would-be juror’s Facebook profile, however, consider the following.

March 7, 2014 • Professional Liability Matters, Settlement, Social Media Lessons

Settlement Voided due to Facebook Post

Facebook strikes again! Just ask a settling plaintiff who learned that his negotiated settlement payment was deemed void as a result of his daughter’s Facebook post. According to a recent decision out of Miami, an $80,000 payment was presumptively waived as a result of a post from the plaintiff’s daughter broadcasting the “victory” due to a confidentiality clause within the settlement agreement. This is just another example of the serious consequences of inadvertent disclosure of confidential information and the risks of social media.

March 4, 2014 • Legal Malpractice, Professional Liability Matters, Social Media Lessons, Technology

Search Terms for Sale: Cautionary Tale

Maintaining a website is just the tip of the iceberg for professionals engaged in online marketing. There are many more options available to professionals fishing for business, depending on their technological comfort level. Today’s professionals also compete for prime domain names and utilize tools to manipulate “searchability.” Commanding that top spot on search engine results can be crucial to a marketing campaign by taking advantage of the reportedly 3-4 billion number of google searches per day. As a result of these staggering statistics, some firms purchase search terms to quickly direct users to their site. This practice is not free of risk.