Social media platforms have transformed the way individuals and professionals communicate, share information, and connect with others. For legal practitioners, these platforms offer powerful tools to engage with clients, promote services, and participate in public discourse. However, the use of social media also raises significant ethical considerations. Navigating these challenges requires an understanding of the intersection between legal ethics rules and the unique characteristics of social media.

Key Ethical Considerations for Legal Professionals for Social Media

Confidentiality

The duty of confidentiality is a cornerstone of the attorney-client relationship. Legal professionals must avoid sharing any client information on social media that could inadvertently reveal confidential details, even in anonymized scenarios. Even seemingly harmless posts about case outcomes or legal strategies may breach this duty if identifiable information is disclosed.

Advertising and Solicitation

Social media is often used as a marketing tool. Attorneys must ensure that their online advertisements comply with jurisdictional rules governing attorney advertising. This includes avoiding false or misleading statements and including disclaimers where required. Direct solicitation of clients through platforms like LinkedIn or Facebook Messenger may also raise ethical concerns under rules prohibiting real-time solicitation.

Duty of Competence

Ethical rules require attorneys to provide competent representation, which extends to their understanding of social media. Lawyers must be aware of how social media platforms operate and the potential risks involved, particularly when using social media evidence in litigation. Lack of familiarity with social media tools could result in professional liability.

Communication with Represented Parties

Social media makes it easier to communicate directly with individuals, but attorneys must be cautious to avoid engaging with represented parties without their counsel’s permission. This includes indirect communication through comments, tags, or private messages.

Judicial Conduct

Judges and other judicial officers also face ethical constraints on their use of social media. For example, engaging with attorneys, litigants, or witnesses on these platforms can create the appearance of bias or impropriety. Judges must carefully manage their online interactions to preserve impartiality and public confidence in the judiciary.

Practical Tips for Ethical Social Media Use

1. Develop a Social Media Policy

Law firms and legal organizations should establish clear social media policies for attorneys and staff. These policies can outline best practices, address potential risks, and provide guidelines for compliant use.

2. Maintain Professional Boundaries

Attorneys should use separate accounts for personal and professional purposes to reduce the risk of ethical breaches. Personal posts should avoid any content that could harm the attorney’s reputation or that of their firm.

3. Verify Information Before Sharing

Sharing inaccurate or unverified information can damage an attorney’s credibility. Legal professionals should exercise caution when reposting or commenting on trending legal topics to ensure they are not disseminating misinformation.

4. Monitor Privacy Settings

Legal professionals should regularly review and update the privacy settings of social media accounts to control who can view posts and engage with content. However, remember that nothing posted online is ever truly private.

5. Educate Clients

Clients’ use of social media can impact their legal matters. Attorneys should counsel clients on the potential consequences of social media activity during ongoing cases, including how posts may be used as evidence against them.

Conclusion

The rise of social media presents both opportunities and challenges for legal professionals. While these platforms can enhance communication and visibility, they also demand a heightened awareness of ethical obligations. By understanding the ethical implications and adopting proactive measures, attorneys can harness the benefits of social media while upholding the highest standards of professionalism.

Bonnie Keen is a freelance Paralegal and the owner of Lighthouse Paralegal Services, LLC. She is a North Carolina Certified Paralegal and is a member of the Communications Committee.

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February 11, 2025/by Paralegals