DANGER of Lawyers Bragging On Social Media
Annette Choti, Esq.
Founder/Owner - Law Quill | Elite Legal Marketing By Lawyers For Lawyers | Click Magnet Academy - Leverage LinkedIn | #1 Bestselling Author - Click Magnet | Comedian | Legal Marketing Lounge Podcast | Jesus Follower
Self-promotion is a critical aspect of your career as an attorney. You want to share your success with your audience and continue to grow your law firm with new clientele. If you are running a successful firm but failing to engage in self-promotion, potential clients are not going to learn of the value you could provide to them during difficult situations. Social media is an excellent tool for advertising your services. Still, you need to be aware of the inherent dangers of bragging on social media to avoid potential ethical violations.???
Ethical Dangers of Bragging on Social Media
Social media can be an excellent tool for attorneys. However, if platforms are misused, it can spell trouble for a law firm. Let us take a look at some of the most common ethical dangers you could encounter when using social media to advertise your firm and services.?
Social Media Posts?
As an attorney, you have the ability to generate professional social media accounts for your law firm. Oftentimes, these accounts are a valuable way to reach potential clients. However, lawyers need to ensure they are not ethically violating standards when creating profiles or publishing posts. Posted information needs to be factual and contain any required disclaimers.?
Blogging the Law?
Blogging is another common way to connect with potential clients. Your blog posts may highlight frequently asked questions about specific legal topics or cover topics like new laws that could potentially impact future clients’ cases. While you are allowed to share your blog posts on social media, it is essential to understand that blogs are considered educational material. Avoid posting a blog with the intention of encouraging someone to retain an attorney.?
Posting Professional Successes?
It is normal and reasonable to want to promote your law firm’s successes on social media. However, any posts are subject to the ethics rules on advertising. For example, suppose you post about a recent successful case and conclude the post with a statement that appears to be an active quest for clients. In that case, you need to make sure your post is not misleading in any way and does not breach any confidentiality standards.?
Intentionally Soliciting Business?
Social media advertising messages shared beyond the scope of your followers, friends, and connections are generally subject to solicitation guidelines. If you are sending messages to recipients who have not opted to receive them, you need to ensure it is clear that the information is advertising material.??
Client Confidentiality?
Attorneys need to be well-versed on client confidentiality requirements, including rules related to social media. You are not allowed to reveal any information regarding the representation of a client unless they have provided explicit and informed consent. In the event a client does not consent to have information shared, you are only allowed to post information authorized under your area’s professional rules of conduct.?
Your Obligation to Professional Responsibility and Advertising?
While lawyers are allowed to advertise their services on social media platforms and their websites, they need to abide by the legal advertising rules set by the American Bar Association (ABA). The ABA outlines how lawyers can communicate information about their services. Per RUle 7.2: Communication Concerning a Lawyer’s Services: Specific Rules, you must abide by the following:?
领英推荐
Once you have a better understanding of your ethical advertising obligations as an attorney, you can work on creating compelling social media posts without worrying about violating any guidelines.??
Social Media Tips for Lawyers?
As an attorney, it is your responsibility to maintain competence on the law and changes to its practice. Per ABA Rule 1.1, “To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.” Social media and advertising fall under the category of relevant technology. To ethically navigate social media, consider the following tips.?
Explain Representation Properly?
The phrasing you choose in text posts, videos, and infographics needs to be clear on all social media platforms. You must not use language that could form an attorney-client relationship with a potential client. You also need to be careful not to provide legal advice. To avoid representation issues, use vocabulary that states where you are licensed and that your content is not intended to give advice or form an attorney-client relationship.?
Choose Connections Carefully
Attorneys are not allowed to represent clients with whom they have a potential conflict of interest. As such, it is important to be careful when it comes to accepting connections on social media accounts. You want to avoid the appears of a conflict of interest at all costs, and remember that you can unintentionally present a conflict with a client based on social media contacts.??
Make Staff Aware of Obligations?
Attorneys are not the only individuals who must abide by ethical social media practices. Any non-lawyer person employed or retained by a law firm needs to be aware of their obligations, as you could be held responsible for any content they share. If, for example, a staff member at your law firm makes an unethical post on Facebook, you can be held responsible for their actions. As such, you will need to ensure the content is removed as quickly as possible. The same goes for clients, depending on the nature of the post. Also, remember that you cannot ask another person to post anything on social media that they would not post themselves.?
Stay in the Public Realm?
While you and your team have the right to due research during the jury selection process, you need to remember related ethical practices. If you are researching jurors on social media, you are only allowed to access content that is available to the public. Never attempt to view anything that is only available via special access. That means not joining private groups or sending private messages to review private or restricted content.?
Keep Your Personal Profile Private?
One of the most important social media practices you can implement as an attorney is to keep your personal profile private and completely separate from any professional profiles for or related to your law firm. You should also avoid sharing content on personal and professional accounts that could be viewed as legal advice. To prevent potential ethical issues between your personal and professional social media pages, consider limiting the number of people that can find your personal profile. You will also want to implement any necessary security features to protect the content you share on a personal basis. Doing so will lower your risk of accidentally violating any rules regarding ethical conduct on social media.?
How Law Quill Can Help Lawyers With Social Media?
As lawyers continue to use digital communication to connect with potential clients, staying abreast of social media and advertising rules is imperative. Adhering to the rules will avoid potential violations and associated penalties and help you create ethical, effective advertising without bragging on social media.?
We are here to help and would welcome the opportunity to visit with you for free regarding your law firm website’s content, and how we can take these tasks off your plate! Schedule a free visit with us by scheduling a quick phone or zoom call at your convenience on our calendar today. You can also email us at [email protected].
Annette Choti, Esq. has over twenty four years of combined legal and digital marketing experience. She founded Law Quill, a full-service digital marketing agency for law firms and businesses in the United States, Canada, and Europe. Annette is a sought-after CLE and keynote speaker for Bar Associations and legal events throughout North America. She creates and hosts the?Legal Marketing Lounge?podcast, and is the author of the bestselling book, Click Magnet: The Ultimate Digital Marketing Guide For Law Firms. Annette used to do theatre and professional comedy, which is not so far from the law, if we are all being honest.
I know how frustrating it can be when content doesn't connect or drive results. As an experienced article writer, I specialize in creating pieces that speak to your audience's needs and elevate your brand.
10 个月A great read. Insightful.
Legal Content Writer + Law Firm Online Growth Advisor: SEO Optimized Content Writing for Lawyers + Small Law Firms | What's the point of having a website if no one can find it?? | Ask me about Law Firm Marketing
11 个月Good info. We should develop a list of trigger words to NOT use in legal content writing - similar to a list of SPAM trigger words for ESPs.
Growing your law firm through self-promotion is vital for showcasing your expertise and attracting new clients without crossing ethical boundaries. Keep leveraging social media wisely to reach a wider audience! ?? #legalindustry #knowyourworth Annette Choti, Esq.
President @ LQ1 Media Inc. | Visionary Strategic Leader - White-Glove ?? for top 1% Web 3 | Blockchain Investor |
11 个月Great read ??
AI Law, Data Privacy Law, Advertising/Marketing/Promotions Law, Trademark & Copyright, drafting business documents.
11 个月Annette Choti, Esq. The delicate balance between self-promotion and ethical conduct is indeed a tightrope walk for us attorneys. It's crucial to showcase our value without crossing the line.