Why should lawyers care about social media, and whether they are using it ethically? Obviously, lawyers should be concerned about compliance with ethical requirements in everything they do, but there may be some hidden ethical pitfalls in the use of social media, both on behalf of themselves and their clients. Social media is everywhere – your associates and partners are using it, your competitors are using it, and your clients are using it and want you to use it, too. The effective (and ethical) use of social media falls squarely within every lawyer’s duty of competence, as set forth in ABA Model Rule 1.1 and California Rule of Professional Conduct (CRPC) 3-110. Comment 8 to the ABA rule provides that “[t]o 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.”
Read this article to gain more insight into the hidden ethical pitfalls in the use of social media both on behalf of lawyers and their clients.