Issue link: https://epubs.iltanet.org/i/21725
ETHICAL RISKS AND PITFALLS OF SOCIAL MEDIA their restricted verbiage. State rules of ethics should be reviewed prior to any policy drafting. QUICK REFERENCE DO • Allow recommendations. • Review and monitor all recommendations carefully. •Edit or hide recommendations as needed to remove any verbiage that states you are “better,” “the best,” “expert,” “specialized,” “certified” or other such claims. DO NOT • Be false or misleading in online credentials. • Use the words “better” or “the best” in credentials or when recommending others. •Use the verbiage “expert,” “specialist” or “certified” to describe experience unless certified by an organization that is accredited by the ABA or the state bar. When publishing any material online that includes another’s direct or paraphrased quotes, thoughts, ideas, photos or videos, always give credit to the original material or author, where applicable. • Ensure material is accurate, truthful and without factual error prior to posting. • Check all spelling and grammar. • Correct any mistakes promptly. • When participating in social media sites in a professional manner, disclose identity and firm affiliation. Never use a false name, alias or be anonymous. Many courts have looked poorly on law firms and lawyers using alias names while on social media sites. • Follow all firm policies and procedures regarding online communications. GENERAL COMMUNICATIONS The final social media ethics concern revolves around general law firm and lawyer communication. All communication, especially professional communication, must be truthful and accurate. Law firms and law departments should consider the following general policy guidelines when drafting social media policies. • Identify all copyrighted or borrowed material with citations and links. Be respectful, and do not make statements that are defamatory, racially, sexually or otherwise insensitive or offensive. Likewise, avoid statements that are in any way improper or likely to conflict with the interests of the firm, its employees, clients, affiliates and others, including competitors. • Follow the site’s terms and conditions of use. • Do not post any information or conduct any online activity that may violate applicable local, state or federal laws or regulations. www.iltanet.org ILTA’s Greatest Hits 11