Issue link: https://epubs.iltanet.org/i/21725
ETHICAL RISKS AND PITFALLS OF SOCIAL MEDIA state that lawyers and judges cannot be “friends” on any personal or professional social media sites. State ethics rules should be consulted prior to drafting guidelines. QUICK REFERENCE DO •Post nonlegal comments or blogs on any personal or professional site. •Use appropriate disclaimers as needed. DO NOT • Post legal advice. • “Friend” anyone on a professional site unless previously corresponded with or known. Example: A law firm employee tweets about a firm staff meeting discussing salary and new hires. Has the privacy of business been destroyed? Law firms must address confidentiality and privacy standards in social media policies. In addition, consequences for breaking these standards should also be detailed. Below are a few policy considerations to navigate this area. • Employees should never use a client’s name without written permission. • Employees should never disclose confidential or private business information. Sharing this type of information, even unintentionally, can result in legal action against the employee, the firm and/or the client. CLIENT CONFIDENTIALITY Client confidentiality and business privacy are two of the largest concerns for employers when dealing with social media communication. Generally, a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent. In addition, privacy of the organization, the business processes, the firm brand and the IP of the firm are important for business continuity. Example: A lawyer begins discussing a case he is handling on his personal Facebook blog. Although not referencing the client name, details of the case are discussed. Has client confidentiality been broken? • Outside the workplace, rights to privacy and free speech protect online activity conducted on personal social networks used with personal e-mail addresses. However, what is published on personal online sites should never be attributed to the firm and should not appear to be endorsed by or originated from the firm. • Employees should avoid forums where there is little control over what is known to be confidential information. In the world of social networking, there is often a breach of confidentiality when one e-mails an attorney or posts a comment congratulating www.iltanet.org ILTA’s Greatest Hits 9