9. 2012 Simply Zesty; Online PR & Social Media
6
• 2 Billion internet users in the world
• 7 billion people in the world
• More than 1 billion Social Network users
Friday, June 28, 2013
10. Social Media
Practical Applications
7
• Marketing
• Practice Area
• Develop Internal Social Media Policy
• Compliance Procedures
• Criminal Defense
• Civil Litigation
• Litigation/Research Tool
Friday, June 28, 2013
11. Social Media
• New Case Law
• Interesting Ethical Issues
8
Friday, June 28, 2013
12. Information About Legal Services
• Protected Form of Commercial Speech
• Subject to Rules 7.1 - 7.5
9
Friday, June 28, 2013
14. Social Media as a
Marketing Tool
11
STRATEGY
BRAND
PROFILE
EXECUTION
Friday, June 28, 2013
15. Information About Legal
Services
• 7.1 - Communication Concerning a Lawyer's Services
• 7.2 - Advertising
• 7.3 - Direct Contact with Prospective Clients
• 7.4 - Communication of Fields of Practice and
Specialization
• 7.5 - Firm Names and Letterheads
12
Friday, June 28, 2013
23. Facts About
• 100% of Fortune 500 Companies Have Executives on
Linkedin
• 225 Million Members
• Every Second - 2 New Member Joins
18
Friday, June 28, 2013
31. 24
Nebraska State Bar @nebrbar17 Jun
Hashtags coming to Facebook,
may wish to change privacy settings.
http://bit.ly/18RA9B7 via @LXBN
Friday, June 28, 2013
38. Discovery
• Warn clients not to discuss their case online
• Standard Applied: Reasonably calculated to lead to
discovery of admissible evidence
• Notice to produce
31
Friday, June 28, 2013
39. Ethical Evolution
• Terminology
• Competence
• Confidentiality
• Communication
• Duties to Prospective Clients
• Receipt of Erroneously Sent
Document
• Supervision of NonLawyer
Assistants
• Advertising
32
Friday, June 28, 2013
40. Confidentiality Notice
This electronic transmission and any attached documents
or other writings are confidential and are for the sole use of
the intended recipient(s) identified above. This message
may contain information that is privileged, confidential or
otherwise protected from disclosure under applicable law. If
the receiver of this information is not the intended recipient,
or the employee, or agent responsible for delivering the
information to the intended recipient, you are hereby
notified that any use, reading, dissemination, distribution,
copying or storage of this information is strictly prohibited. If
you have received this information in error, please notify
the sender by return email and delete the electronic
transmission, including all attachments from your system.
33
Friday, June 28, 2013
41. “To 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.”
- Comment 6 to MRPC 1.1 (as amended)
Competence
34
Friday, June 28, 2013
42. Redaction Issues
Long gone are the days when the attorney duty of confidentiality imposed by Model Rule 1.6
was satisfied by maintaining a fireproof steel locked filing cabinet behind a secured office door.
The technological revolution has taken us beyond the world of desktop computers with a
dedicated server to the stratosphere of cloud computing and the genius of smartphones and
electronic tablets.
The portability of our “second brain” results in additional ethical responsibilities that must not
be ignored. Lawyersʼ obligations have radically changed in light of the methods by which
confidential client and personal information is now carried and stored.
35
Friday, June 28, 2013
45. Communication
“... A lawyer should promptly respond to or
acknowledge client communications.”
- Comment [4] of MRPC 1.4 (as amended)
38
Friday, June 28, 2013
46. Duties to Prospective Clients
“...[a] person becomes a prospective client by
consulting with a lawyer about a client-lawyer
relationship with respect to a matter”.
- Comment 2 to MRPC 1.18 (as amended)
39
Friday, June 28, 2013
47. Does a Communication
Constitute a Consultation?
• Did the lawyer encourage or solicit inquiries about a proposed
representation?
• Did the person encounter any warnings or cautionary
statements that were intended to limit, condition, waive or
disclaim the lawyer’s obligations?
• Were those warnings or cautionary statements clear and
reasonably understandable?
• Did the lawyer act or communicate in a manner that was
contrary to the warnings or cautionary statements?
40
Friday, June 28, 2013
48. Receipt of Erroneously
Sent Documents
Lawyer receiving electronically stored information that
he or she knows or reasonably should know was sent
inadvertently must promptly notify the sender of the
mistake (Model Rule 4.4(b))
Duty to notify extends to metadata. (Comment 2)
41
Friday, June 28, 2013
50. Do You Secure PDF Files Before
You Transmit?
Suggested Office Policy:
“When there is no
legitimate reason to
transmit an editable
document, we will always
send SECURE PDFs.”
43
Friday, June 28, 2013
51. You Cannot
Delegate Ethical
Responsibilities
Model Rule 5.3 requires attorneys who outsource
work to non-attorneys to “make reasonable efforts to
ensure that the non-lawyers’ services are provided in
a manner that is compatible with the lawyer’s
professional obligations”.
44
Friday, June 28, 2013
52. Attorney Advertising Rules
Lawyers may pay Internet-based lead generators for
generating client leads, as long as the lead generator does
not “recommend” the lawyer. (MRPC 7.2, Comment 5)
Only a “target communication initiated by the lawyer”
directed to a “specific person” that “offers to provide”
legal services is a solicitation. Communications to the
general public, including Internet banners, are not
solicitations. (MRPC 7.3)
45
Friday, June 28, 2013
54. Online or In Line
• Keep client confidences
• Avoid appearance of establishing client-attorney relationship
• Be polite
• Don’t fight
• Don’t bad mouth law firm, colleagues or judges.
47
Friday, June 28, 2013
55. “A lawyer shall act with reasonable diligence and
promptness in representing a client.”
Comment 2 - “A lawyer's work load must be
controlled so that each matter can be handled
competently.”
Rule 1.3
48
Friday, June 28, 2013
58. Moving Forward
• Did you learn anything new today?
• Did you gain any insight into yourself or someone else?
• Do you plan to change any of your behaviors as a result
of today’s session?
Friday, June 28, 2013
61. Connect with Cindy
like us follow us follow us share with us
The Sharper Lawyer
connect with us
Friday, June 28, 2013
62. The Sharper Lawyer
now offers
a complimentary
half hour coaching session.
Email Cindy for more details!
cindy@thesharperlawyer.com
Friday, June 28, 2013