LIKE It or Not: Social Media & Law Offices

By Bethany Carr *guest contributor: linkedin.com/in/bethany-carr-9b1b6a72/

Are you familiar with any of the following social media?

Tiktok, an app where short videos are posted with some kind of voice or music overlay.

Snapchat,?an app where pictures are shared with a text overlay.?

BeReal,?an app where an algorithm tells the user when to stop whatever they’re doing and post what they are doing in the moment.

None of these visually-based social media platforms are mentioned explicitly in the ABA Model Rules. However, don’t fool yourself into thinking the rules don’t apply!

It can be tempting to jump right into the newest and coolest technology of the day, but with these new waves come new ethical considerations. Or rather, the same ethical considerations in new spaces.

Whether you’re using social media for a professional reason, or even just personally, it is important to refresh your understanding and application of the rules in these digital spaces. Here are just a few to consider:

Practical Privacy

Be mindful when you are taking your photos and videos. ABA Rule 1.6(a) states, “a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.” An innocent video taken at your desk may accidentally include client-sensitive information in the form of files on your desk, or even on your computer screen. Be sure to double check that?private information is redacted. Even if it looks tiny and is only present for a second, keep in mind that there are programs available that can pause quickly and zoom in.

Don’t forget, you’re also on the hook for non-lawyer staff professional ethics. This is a great opportunity for some proactive training on social media expectations in the office.

. What I meant to say…

Be explicit with what you are doing with the video or picture. ABA Model Rule 1.18(a) reads, “a person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.” And, ABA Rule 7.1 states, “a lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services.” The extra 10 seconds it takes to establish you are not creating a client-lawyer relationship nor providing legal advice is worth it. Don’t forget, however, that merely stating this does not release you of all claims. If a reasonable person would believe you have created a relationship based on the subsequent conduct, you could still be in some deep water.

3. Keep your friends close, but not too close!

Take note of any conflicts of interest that may exist through “connections” or other “friend” functions on the social media apps. The ABA Rule 1.7 reads, “a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.” Additionally, Rule 8.4 provides, “it is professional misconduct for a lawyer to knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.” Being friends on social media with judges, witnesses, and other parties in your case can cause suspicions when it comes to conflicts of interest. You don’t want to take any risks of ex parte communication during a case!

This article is not meant to scare you away from making fun dancing videos in your free time that spur interest in the legal field or your actual services, but rather to encourage you to spend some extra time reviewing what may be explicitly- or implicitly- shared with your friends and followers.

*Bethany Carr, MS is a "younger" millennial who has a passion for embracing new technology. She has given public trainings on professional social media use for nearly ten years while supporting university social media efforts. She is currently in her 2L year of law school in a hybrid program.