Friday, December 11, 2009

Councils of social networking for lawyers


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LinkedIn. Facebook. Twitter. Blogs. Some say that these social media sites offer new opportunities for lawyers, marketing and cooperation. Others say that the minefields are fraught with dangers for the unwary or less.

Which is correct? Both, of course. Yes, these different forms of media opportunities provide powerful. Danger, are also interesting.

How lawyers can practice with social safety nets? "For the purposes of the subject,social networking sites like Facebook and LinkedIn has raised the issue to a large number of lawyers and consultants.

From comments we receive, we have distilled their advice for the first 10 boards.

10. Be professional - always

Note that you are a lawyer, 24 / 7. Being a professional and always do everything online.

This means that everything they say about you, your true ability and practice. Take specialcare in the biography of your site or blog and create profiles on Facebook, LinkedIn and other sites. Is not something they are not.

Being professional means putting online are not other names. In particular, you should not appoint the judges. To say how much fun it seems that a lawyer in Florida do not laugh, after recently been punished for writing in his blog that the judge imposed an "evil unfair witch."

What isPost online, pay attention to the privacy of your "brand" and his professional reputation. "Take it - As part of the conversation," advises Mark Beese, chairman of the consulting firm Leadership for Lawyers in Denver. "But not everything that can harm your reputation. Pensiero".

9. Be kind, is in connection with the

A simple way to protect themselves in social networks is to take care of contact. Our story last month, an obvious example,present in the history of the court friend "on Facebook a lawyer if the lawyer had represented a party in a trial before a judge. Not surprisingly, the judge admonished, and the unsuccessful party is to a new study.

Avoid another connection is made with an improper reason. An ethics committee has said, for example, is not appropriate for a lawyer to refer the person to examine or to gain access to confidential information within a legal frameworkAction.

Also be careful to avoid connecting with others who may have their own ulterior motives in touch with you. To check whether a compound or a statement that one day we can go back as evidence of a conflict of interest.

"While the media all the thousands of possible combinations, the size of the port of questions unless the quality of interaction," said Vanessa DiMauro, founder of leading the Boston Consulting Social MediaNetworks. "Be deliberate with a view of things interesting and the importance of communicating with you or later.

A common practice among lawyers is to separate the personal and professional contacts on different networks. "I still remember Facebook and LinkedIn, separately," says Reid Trautz, director of the Center for the practice and professionalism in the American Association of Immigration Lawyers in Washington, DC "Facebook for the use of personnel, including family, friends and professionalsFriends, LinkedIn is solely for the work professional connections and friends. "

Joshua Masur, a partner in the law firm of Boyd Turner in San Francisco did the same thing, but very professional and with Facebook, LinkedIn limit its ties with our friends and colleagues. "Of course, that means you are ready to set the limits, he said," that means being ready to say no when people in a network that may have had limited contacts.

8. Do not fall victimThe myth of anonymity

"I never cheat, that sociability" anonymous "is truly anonymous on each of these platforms, including comments on the blogs," admits Susan Cartier Liebel, Connecticut-based founder of the 'University of individual practice.

The recent history of the Internet is full of stories of lawyers who believed unmasking anonymous posting. E 'was deputy prosecutor of the United States who have stopped by a big magazine and author of an anonymousBlog on the court. There was the house counsel of Cisco, whose identity has been a lawyer, who wrote about a patent as a reward offered for his troll unmask shown.

These examples show that the board should not feel safe to say it anonymously, do not feel that the advice freely with attribution.

Another dimension that includes Facebook, where lawyers can create small groups, and to feel safer to tell their opinion. If you consider this option in mind, make sureYou will learn in depth how to do things, advises Kennaday Courtney, a consultant in management practice at the Bar of South Carolina

Even then, he adds: "This is a serious limitation: Facebook groups are not limited to restrict everything. It 'hard to know what types of goods to pass and be seen by anyone."

7. Note: The line between the network and application

Lawyers sometimes walk a fine line between speech and their viewsCheck. You have every right to do so, the primary responsibility and professional, do not.

Ethical advice has said that a lawyer who works in a wrong call when he issued comments in a chat room for the mass production of disaster victims. It is easy to imagine how a lawyer may enter into similar difficulties in Twitter too.

Several states have no ethics, ethics rules or opinions that specifically addresses the issue of so-called electronic communications. Protectthrough knowledge of the rules and the exercise of common sense.

6. Exercise its discretion in writing - on themselves and others

Do not tell me you're not online, you arrive at the back of the New York Times. Do not assume that nobody reads your blog, then beeps. Once online, it is always online and can and will.

This does not mean that you can not show the personality or creativity, "says Matthias Jung, head of legal department of aMarketing in Houston. 'And' well with your personality with the public, but it is important to do, as if the mother or daughter is sitting next to you. "

However, to remind clients and colleagues to show what you mean. The lawyers seem to forget sometimes that they are following their customers online. If you do not say to do with a customer, do not say online.

Customers not only read what you say, but judging whatsay. Besides the risk of saying something stupid, is a concern for lawyers whose clients who read online is Eric Turkewitz, a lawyer and blogger in New York. "Often they are off-topic for now are asking why not work on his case."

While it is important to censor, it is important to censor others. "If you have a blog, be sure to approve all comments before their publication," advisesLorraine Fleck, a trademark lawyer and blogger in Toronto. "It 'been a good advice I received from a blogger legal front, my blog has not prevented a haven for deceptive advertising of Viagra.

Blogger and intellectual property lawyer Ronald Coleman, said: "Above all, accountability is the key. Do not tell, unless you're willing to live, or live with it. And if there's something you can safeguard the security - or as a legal proposition, or statement of facts - Be 'becauseIt seems that in the first place? "

5. Knowing the rules of the state on advertising

Each state has its own version of the rules of advertising and legal system. Some require that copies of notices, including copies of web pages. Others require specific warnings in advertising.

Make sure you understand the rules of the country where you have a license in any state where your business from an office. Keep interpreted with the view of ethicsstandard.

4. Avoid Malpractice

Skip is responsible for the illegal practice of geographical limitations of a license and precise information on the position of those with whom they communicate online.

"If protection against restriction disclaimer UPL online communities, which are actually certified and geography on the practice," said James S. Bolan, Boston-area lawyer who focuses on the law of professional liability. "NoEstablish a relationship in a country where it is not allowed. "

Note that the illegal practice is not only immoral, but contested by the loss of legal fees for work in the field of accounting.

Protection against unauthorized practice is often difficult, but perhaps nowhere more than in a virtual reality environment Second Life. If your avatar gives advice to another avatar, then under the jurisdiction of what is involved? If you are a council or the person behind the avatarReally? What court is this person?

3. Do not give legal advice

On-line is a significant risk of inadvertently create an attorney client relationship. Sites like LinkedIn or lawyer users can post questions and answers of others. Simply responding to a question, the lawyer may provide legal advice and the creation of an attorney and client relationship.

This can be done by a simple exchange of e-mail. Presentation of an ethic of Massachusetts, said aThe lawyer, who has received an unsolicited request from a potential customer through an email link on a website was needed to maintain the confidentiality of information, even when the lawyer was presenting.

The best way to avoid this is to say nothing of what the online delivery of specific legal advice could be interpreted. Answering a question on-line, are a warning that does not provide advice.

2. Do not talk about themClients or their records

Take the example of Ann Kristine Peshek. His blog discusses his work as a lawyer in Illinois, sometimes wrote about clients and cases. Although he never used the name of a client, who now faces disciplinary action, because the authorities say they found items, provide sufficient information about customers that others can identify them.

Peshek provided information on cases, some might say it is an extreme example. But apparentlyharmless contributions can a lawyer in hot water. One was a simple update on Twitter and Facebook could show the next step, if your opponents. Peep yours! "The failure of the resolution on the synthesis of writing federal case, I am" one might need all the warnings from others.

You can ask anyone who is not a doctor only to perform a conflict check before publishing. You want to avoid not only their clients but also in all his affairsCustomers.

1. Use your common sense

Sometimes it almost seems that today, but common sense is the best way out of trouble. Therefore, you should ask what you do online and you can probably forget all the others.

"Even though I'm a fan of politics," said consultant Mark Beese, "I tend to stick to a maximum one: Do not talk nonsense."

Common sense and does not cover all the bases. This prevents you from saying something to regret later. PreventsCrossing a line that should not. He was not fighting in court with a client or the bar.

Ron Friedmann, a lawyer, blogger and a frequent speaker on issues of management and technology consultancy, concluded: "The lawyer must think before pressing the Enter key."

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