Issue link: https://epubs.iltanet.org/i/21725
communication. The best approach is to help employees understand how not to blur the lines of professional/personal sites for their own protection. As an employer, you want employees to use social media sites to broaden and help the firm brand. You also want them to do it in the most ethical way. QUICK REFERENCE DO •Have a personal social media site. • Have a professional social media site. • Use appropriate disclaimers as needed. DO NOT • Use the organization ’s name or e-mail address on a personal site unless using the appropriate disclaimers. •Use the organization ’s assets to update personal sites. Example: A lawyer of firm ABC is blogging on a social media site regarding new tax laws. A nonclient posts a comment to the blog inquiring about his specific tax situation. The lawyer in turn comments by discussing how the new tax laws apply to the nonclient. Has an attorney-client relationship been created? Law firms presently use disclaimers for e-mail messages and firm websites to verify no implied relationship is created. But how do we instruct employees to this standard when social media sites are interactive by nature? Following are a few key policy guidelines to help employees navigate this difficult area: ATTORNEY-CLIENT RELATIONSHIP The attorney-client relationship is one of the oldest legal ethical standards. It creates a certain set of duties the lawyer owes the client. The model rules of professional conduct set forth a series of guidelines that help regulate the creation and existence of this important relationship. In the electronic world, especially when utilizing social media, the important issue is whether any electronic communication creates an attorney-client relationship inadvertently. 8 ILTA’s Greatest Hits ILTA White Paper • Employees should never post legal advice. This does not mean employees cannot comment or post to social media sites; it relates only to publishing or posting anything that might be construed as legal advice or opinion. If the subject matter is related to a legal or ethical situation, attorneys and staff may only discuss the legal standards; they should not apply those standards to any particular fact situation. • Firms should provide a disclaimer for employees to utilize when posting or commenting on professional social networking sites. • When using social networks with firm e-mail addresses and professional identification, employees should not “friend” anyone they do not know or with whom they have not previously corresponded. Some states have even gone so far as to explicitly