Social networking websites ethical issues

Social networking websites ethical issues

Introduction

For attorneys previously reluctant to dive into the world of online social media, the benefits of utilizing social networking as part of an effective marketing strategy are now undeniable.   Navigating the social media world can be fraught with legal dangers and complex ethical issues unique to the legal profession, and often the rules regulating ethical compliance for attorneys are ambiguous at best.

It's no small wonder traditionally conservative attorneys have been hesitant to wade into the often murky waters of social media - career damaging horror stories abound and social media participation can present an ethical mine field which can be harmful to an attorney's or firm's reputation.  Figuring out how to wisely capitalize on marketing, information gathering, and other benefits - all while staying within the bounds of ethical rules - can be a balancing act.

Attorney participation in social networking is rising up from 15% percent in 2008 to 56% in 2010 according to a Legal Technology Survey Report and certainly still growing.  A quick glance at numbers provides compelling evidence as to why Facebook has nearly as many users as the population of Russia, Brazil, Indonesia and the U.S. combined. YouTube, with a reported 800 million plus users per month, isn't far behind. Twitter has at least 100 million registered users, which, if also put in census perspective, equals nearly a third of the U.S. population - even the U.S. Supreme Court tweets its latest opinions.

Discussion

What does it mean for Attorneys?

In sum, attorneys are increasingly turning to the power of social networking to boost their practices and increase business, a trend that is certain to continue to grow. As more attorneys tap into social media, questions emerge regarding what is acceptable with respect to online communications in order to capitalize on the marketing potential of the increasing number of networking sites.

Attorneys should be sure their online communications adhere to ethical rules - and should pay special attention to some of the issues most recently addressed by the ABA's Commission - such as accidental disclosures, information security, protecting client information, inadvertently creating a client relationship, and advertising, to name a few. Keep in mind that the ethical rules and considerations apply not just to attorneys, but to their support staff as well.

Quantity doesn't equal quality in addition to ethical considerations, more firms jumping into social media also means the playing field has ...