Successfully Navigating the Ethical Minefield of Social Media in the Legal Profession
Why It Matters
Social media platforms such as Facebook, Twitter, and LinkedIn have fundamentally transformed the way in which people communicate and share information. In addition, the rising use of social media is also changing the face of the practice of law. Given the ubiquitous nature of social media today, it should not come as a surprise that social media evidence has arrived on the scene as a major player in litigation, where in many instances a single social media post, by itself, possesses the power to make or break a case. In addition, legal professionals now rely heavily on social media as an integral facet of attorneys’ and law firms’ marketing and business development campaigns.
Importantly, the increasing prevalence of social media in the day-to-day operations of the legal profession has ushered in a host of new ethical obligations on the part of attorneys. If not addressed properly, these unique, oftentimes complex ethical issues can land the unsuspecting legal professional in hot water for running afoul of the Rules of Professional Conduct. With the appropriate amount of attention and care, however, attorneys can successfully navigate the ethical minefield of social media to steer clear of any ethical lapses while harnessing the power of social media as a key practice and business development tool for their legal practices.
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"Successfully Navigating the Ethical Minefield of Social Media in the Legal Profession," by David J. Oberly was published in the December 2018 edition of CBA Report, a Cincinnati Bar Association publication.